DEPARTMENT OF ECONOMIC DEVELOPMENT

M.G.L. pt. Part I, tit. Title II, ch. c. 23A

in effect

M.G.L. c. 23A, § 1 Massachusetts office of business development; director; duties; grants; reports

c. 23A, § 1. Massachusetts office of business development; director; duties; grants; reports Section 1. (a) Within the executive office of economic development there shall be a Massachusetts office of business development, in this chapter referred to as MOBD, which shall be under the control of the secretary of economic development. The secretary shall, with the approval of the governor, appoint a director of the Massachusetts office of business development. The director shall be appointed for a term conterminous with the governor's and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed in the same manner. The director shall be devoted full time during business hours to the duties of the office. The director shall be the executive and administrative head of MOBD. The director shall receive such salary as the governor shall determine; provided, however, that such salary shall be equivalent to the salary received by the director of labor and workforce development or the director of consumer affairs and business regulation. (b) MOBD may make discretionary and nondiscretionary grants to persons or public or private nonprofit entities for projects and programs which further implement the mission of the department and its agencies and which benefit the general public; provided, however, that the department shall annually make a report to the secretary of administration and finance and the house and the senate committees on ways and means on the use of such funds; and provided further, that any such grant shall be used in accordance with regulations promulgated pursuant to section 15 of chapter 7A.

M.G.L. c. 23A, § 2 Purposes

c. 23A, § 2. Purposes Section 2. MOBD shall serve as the principal agency of the government of the commonwealth for the following purposes: (a) Promoting, developing and expanding all sectors of the economy by capitalizing on and fostering the technological, industrial, manufacturing, educational, cultural and geographic advantages of the commonwealth in the world economy. (b) Providing a full and effective range of business services to Massachusetts' businesses, including assuring the availability of the capital and human resources required for growth and development in the commonwealth. (c) Preparing functional plans for the economic development of all areas within the commonwealth to assure the full utilization of the skills and potentials of all its citizens and public and private agencies affecting such plans. (d) Promoting the development and commercial use of new technologies important to the commonwealth's economic future. (e) Assisting manufacturing industries in the state to improve their long-term competitiveness through continuous technological, managerial and workforce upgrading. (f) Attracting new and expanding manufacturing industries to Massachusetts, especially to those regions of the commonwealth with an eroding traditional manufacturing base. (g) Developing a rapid economic response team, herein referred to as the team. The team shall consist of the director of MOBD or his designee, the director of the industrial service program or his designee and the division coordinators as designated by the director of MOBD. The purpose of the team shall be to aggressively market the commonwealth to attract prospective business and to intervene in situations where there exists a possibility of job loss. The team shall create and disseminate promotional information concerning available economic assistance programs offered through any state, quasi-public, public, nonprofit corporation or other entity as deemed necessary. The director of MOBD shall also be empowered to adopt rules and regulations regarding expenditures including travel expenses, lines of communication and other activities consistent with these provisions. Marketing and disseminating promotional information to mutual fund service corporations based both within and without the commonwealth. Such information shall include, but not be limited to, details concerning changes in the tax structure of the commonwealth as it affects the mutual fund industry.

M.G.L. c. 23A, § 3 Divisions, officers and programs; website

c. 23A, § 3. Divisions, officers and programs; website Section 3. (a) MOBD shall contain such divisions, offices and programs as the director shall determine are necessary to achieve the mission and administer the programs of MOBD. (b) MOBD shall develop, operate and maintain a searchable website accessible by the public at no cost, to provide information on public and private resources available to small businesses and to promote small businesses in the commonwealth. Information made available through the searchable website shall include, but shall not be limited to: (1) information on state, local, federal and private sector small business counseling and technical assistance programs; (2) information on state, local and federal financing programs; (3) information on state, local and federal procurement and contracting programs and opportunities, including information on the regional economic development organizations under the program established in sections 3J and 3K and opportunities; (4) information on state incorporation laws and regulations, and the changes to state incorporation laws and regulations; (5) information on state tax credits; (6) information on workers' compensation laws, unemployment insurance laws and the health insurance obligations and options for employers; and (7) other information and resources, as determined by the director of MOBD.

M.G.L. c. 23A, § 3A Economic development incentive program; establishment; definitions for Secs. 3A to 3G

c. 23A, § 3A. Economic development incentive program; establishment; definitions for Secs. 3A to 3G Section 3A. (a) There shall be an economic development incentive program, or EDIP, which shall be administered by the economic assistance coordinating council established pursuant to section 3B, under the oversight of the secretary of economic development, to provide incentives that stimulate job creation and investment of private capital and to promote economic growth and expand economic opportunity to all areas of the commonwealth. EDIP tax credits and other incentives shall be administered to stimulate job creation, attract new business activity and promote investment that would not otherwise occur in the commonwealth. (b) As used in this section and sections 3B to 3H, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise: ''Affiliate'', a business which directly or indirectly controls another business, a business which is controlled by another business or a business which is under direct or indirect common control of at least 1 other business including, but not limited to, a business with whom a business is merged or consolidated or which purchases all or substantially all of the assets of a business. ''Business'', a corporation, partnership, firm, unincorporated association or other entity engaging or proposing to engage in economic activity within the commonwealth and any affiliate thereof which is subject to taxation under chapter 62 or 63. ''Certified project'', a proposed project that is certified by the EACC pursuant to section 3C. ''Controlling business'', a business that owns, leases or has the power to direct the operation or management of all or a portion of a facility at which the business employs or intends to employ permanent full-time employees. ''EDIP contract'', a written agreement between MOBD and the recipient of EDIP tax credits setting forth the amount of credits awarded, the schedule on which the credits may be claimed, any restriction on the carryover of unused credits, the consequences for failing to produce the projected new jobs or new investment and such other terms and conditions as MOBD may in its discretion require. ''EDIP tax credits'', the tax credits authorized by the EACC pursuant to section 3D and claimed by a taxpayer pursuant to subsection (g) of section 6 of chapter 62 or section 38N of chapter 63. ''Expansion project'', the expansion of an existing facility located in the commonwealth that results in a net increase in the number of permanent full-time employees at the expanded facility. ''Facility'', the real property, which may include multiple buildings or locations, owned or leased, on which a business is undertaking or will undertake a commercial, manufacturing or industrial activity. ''Gateway municipality'', a municipality with a population greater than 35,000 and less than 250,000 with a median household income below the commonwealth's average and a rate of educational attainment of a bachelor's degree or above that is below the commonwealth's average. ''In-state relocation project'', the relocation of a business from 1 location in the commonwealth to another location in the commonwealth that results in a net increase in the number of permanent full-time employees. ''Material noncompliance'', the failure of a controlling business to substantially achieve the capital investment, job creation, job retention or other economic benefits set forth in the EDIP contract or any other act, omission or misrepresentation by the controlling business that frustrates the public purpose of the economic development incentive program. ''Municipal project endorsement'', an endorsement of a city council with the approval of the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed project is consistent with the municipality's economic development objectives; (ii) finds a proposed project has a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the municipality in support of the proposed project. ''Municipality'', a city or town or, in a case in which 2 or more cities or towns agree to act jointly for some purpose pursuant to a collaborative agreement, all cities and towns participating in the collaborative agreement. ''Out-of-state relocation project'', the relocation of a business and permanent full-time employees from outside the commonwealth to a location within the commonwealth. ''Permanent full-time employee'', an individual who is paid wages by a controlling business and who: (i) at the inception of the employment relationship, does not have a termination date which is either a date certain or determined with reference to the completion of some specified scope of work; (ii) works at least 35 hours per week; and (iii) receives employee benefits at least equal to those provided to other full-time employees of the controlling business; provided, however, that ''permanent full-time employee'' shall not include contractors or part-time employees who may be included in a calculation of the controlling business' full-time equivalent workforce. ''Proportion of compliance'', a determination made by the economic assistance coordinating council, established pursuant to section 3B, of a certified project's compliance with obligations related to capital investment, job creation, job retention or other obligations applicable to the certified project. ''Proposed project'', a proposal submitted by a controlling business to the EACC for designation as a certified project. ''Real estate project'', the construction, rehabilitation or improvement of any building or other structure on a parcel of real property which, when completed, will result in at least a 100 per cent increase in the assessed value of the real property over the assessed value of the real property prior to the project. ''Refundable credit'', a tax credit awarded pursuant to this chapter that is not limited by the amount of the controlling business' tax liability and which may result in a payment from the department of revenue to the controlling business or a reimbursement of costs incurred for capital investments made as a part of a certified project. ''Retention project'', a project that enables a controlling business to retain not less than 50 permanent full-time employees at a facility located within a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city; provided, that without such project, the retained jobs would be relocated outside of the commonwealth. ''Special tax assessment'', a temporary reduction in real property tax offered by a municipality in accordance with subsection (c) of section 3E. ''Tax increment financing agreement'', an agreement between a municipality and a real property owner consistent with subsection (b) of section 3E and section 59 of chapter 40. ''TIF'', tax increment financing.

M.G.L. c. 23A, § 3B Economic assistance coordinating council; administration of economic development incentive program; director of economic assistance; reports

c. 23A, § 3B. Economic assistance coordinating council; administration of economic development incentive program; director of economic assistance; reports Section 3B. (a) There shall be an economic assistance coordinating council, or EACC, established within MOBD which shall consist of: the secretary of economic development or the secretary's designee who shall serve as chair; the secretary of housing and livable communities or the secretary's designee; 1 person to be appointed by the secretary of economic development; the director of career services or a designee; the secretary of labor and workforce development or a designee; the director of the office of business development or a designee; the president of the Commonwealth Corporation or a designee; and 8 persons to be appointed by the governor, 1 of whom shall be from the western region of the commonwealth, 1 of whom shall be from the central region of the commonwealth, 1 of whom shall be from the eastern region of the commonwealth, 1 of whom shall be from the northeastern region of the commonwealth, 1 of whom shall be from the southeastern region of the commonwealth, 1 of whom shall be from Cape Cod or the Islands, 1 of whom shall be a representative of a higher educational institution in the commonwealth and 1 of whom shall be from the Merrimack Valley. The persons appointed by the governor shall have expertise in issues pertaining to training, business relocation or inner city and rural development and shall be knowledgeable in public policy or international and state economic and industrial trends. Each member appointed by the governor shall serve at the pleasure of the governor. The council shall adopt by-laws to govern its affairs. (b) The EACC shall administer the economic development incentive program and may: (i) promulgate regulations and adopt policies and guidances to effectuate the purposes of sections 3A to 3H, inclusive; (ii) certify projects for participation in the economic development incentive program and establish regulations for evaluating the proposals of those projects; (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with section 3G; (iv) assist municipalities in obtaining state and federal resources and assistance for certified projects and other job creation and retention opportunities; (v) provide appropriate coordination with other state programs, agencies, authorities and public instrumentalities to enable certified projects and other job creation and retention opportunities to be more effectively promoted by the commonwealth; and (vi) monitor the implementation of the economic development incentive program. (c) The director of MOBD shall be responsible for administering the EDIP in consultation with the secretary of economic development and the EACC. The MOBD shall annually submit to the governor, the chairs of senate and the house committees on ways and means and the senate and house chairs of the joint committee on economic development and emerging technologies within 90 days after the end of its fiscal year a report setting forth its operations and accomplishments, including a listing of all projects certified pursuant to the EDIP. The report shall also include recommended policies or actions, if any, to improve the effectiveness of the EDIP.

M.G.L. c. 23A, § 3C Project proposal to create permanent full-time employees within the commonwealth; certification

c. 23A, § 3C. Project proposal to create permanent full-time employees within the commonwealth; certification Section 3C. (a) A controlling business may petition the EACC to certify a proposed project by submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; and (iv) any other information that the EACC may require by regulation, policy or guidance. (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal and any additional investigation that the EACC shall make: (i) the proposed project is located or will be located within the commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation project, out-of-state relocation project or retention project; (iii) the controlling business has committed to maintaining new and retained jobs for a period of not less than 3 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this chapter are a significant factor in its decision to undertake the proposed project; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance. (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification, which may include a requirement that the controlling business provide written evidence to support clause (v). (c) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than 5 years or more than 20 years from the date of certification. (d) Notwithstanding subsections (b) and (c), the EACC may, by guideline or regulation, establish a program to incentivize businesses to occupy vacant storefronts in downtown areas. The EACC may award EDIP tax credits to storefront tenants on a competitive basis, taking into account factors including, but not limited to: (i) the number of jobs to be created; (ii) the volume of pedestrian traffic to be generated; (iii) potential synergy with other downtown businesses; (iv) whether there is a matching contribution from the municipality or the landlord; (v) commitment to storefront improvements; and (vi) whether the municipality has made local plans or investments to revitalize the downtown. Certification of such a project shall require that a business commit to occupying the vacant storefront for a period of not less than 1 year, but the business shall not be required to invest in improvements or create new jobs.

M.G.L. c. 23A, § 3D Awarding of tax credits available pursuant to Sec. 6 of chapter 62 or Sec. 38N of chapter 63; refundable tax credits; limitations; execution of EDIP contract; finality of EACC decisions

c. 23A, § 3D. Awarding of tax credits available pursuant to Sec. 6 of chapter 62 or Sec. 38N of chapter 63; refundable tax credits; limitations; execution of EDIP contract; finality of EACC decisions Section 3D. (a) The EACC may award to the controlling business of a certified project or to its affiliate tax credits available pursuant to subsection (g) of section 6 of chapter 62 or pursuant to section 38N of chapter 63. The amount of any such credits awarded, the schedule on which those credits may be claimed and the extent to which the credits are refundable shall be determined by the EACC based on: (i) the degree to which the certified project is expected to increase employment opportunities for residents of the commonwealth, with consideration given to the number of new full-time jobs to be created, the number of full-time jobs to be retained, the salary or other compensation that will be paid to the employees and the amount of new state income tax to be generated; (ii) the timeframe within which new jobs will be created and the commitment of the controlling business for how long they will be maintained, with preference given to certified projects in which a significant portion of the new jobs shall be created within 2 years; (iii) the amount of capital to be invested by the controlling business in the certified project; (iv) the degree to which the certified project is expected to generate net new economic activity within the commonwealth by generating substantial sales from outside of the commonwealth; (v) the extent to which the certified project is expected to contribute to the economic revitalization of a gateway municipality or increase employment opportunities to residents of a gateway municipality; (vi) the economic need of the municipality or region in which the certified project is to be located as determined by income levels, employment levels or educational attainment levels; (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project; and (viii) the commitments, if any, set forth in a municipal project endorsement. The EACC shall have discretion as to how to weigh and apply these criteria. When making an award of tax credits pursuant to subsection (g) of section 6 of chapter 62 or pursuant to section 38N of chapter 63, the EACC may, at its sole discretion: (i) limit the award to a specific dollar amount; (ii) specify the schedule on which the tax credits may be claimed; (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some portion of the credits to be refundable. When a controlling business expects that new jobs will be created over a period of multiple years, the EACC, in awarding tax credits, may allocate and make such credits available to the taxpayer on a schedule that ensures that the tax credits are claimed on or after the date that the jobs are created. [There is no subsection (b).] (c) The total amount of tax credits that may be authorized by the EACC under this section for any calendar year shall not exceed $30,000,000 which shall be calculated in accordance with the relevant provisions of subsection (g) of section 6 of chapter 62 and section 38N of chapter 63. The EACC may authorize an award of tax credits to a controlling business that spans multiple years if the total amount of credits due to be taken in any single calendar year does not exceed the applicable cap. (d) The MOBD shall require the recipient of tax credits awarded pursuant to this section to execute an EDIP contract after the EACC awards tax credits under this section. (e) The decision by the EACC to certify or deny certification of a proposed project pursuant to section 3C and the decision by the EACC to award or deny tax credits to the controlling business of a certified project pursuant to this section, including without limitation the amount of such award, and any conditions or limitations on such award, shall be decisions that are within the sole discretion of the EACC. Such decisions by the EACC shall be final and shall not be subject to administrative appeal or judicial review pursuant to chapter 30A or give rise to any other cause of action or legal or equitable claim or remedy.

M.G.L. c. 23A, § 3E Municipality provided incentives to owners of certified projects; local tax incentive; tax increment financing; special tax assessment; approval of amendments

c. 23A, § 3E. Municipality provided incentives to owners of certified projects; local tax incentive; tax increment financing; special tax assessment; approval of amendments Section 3E. (a) Tax increment financing may be offered by a municipality in accordance with section 59 of chapter 40 to the controlling business of a certified project, or to any person or entity undertaking a real estate project or to any person or entity expanding a facility if the municipality finds that there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time: (i) a significant influx or growth in business activity; (ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private project or investment that contributes significantly to the resiliency of the local economy. (b)(1) A municipality may offer a special tax assessment to the controlling business of a certified project, to a person or entity undertaking a real estate project or to a person or entity proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of relocating outside of the commonwealth. A special tax assessment shall be set forth in a written agreement between the municipality and the property owner. The agreement shall include, but shall not be limited to, the amount of the tax reduction and the period of time over which such reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. A special tax assessment approved by the municipality shall provide for a reduction of the real property tax that otherwise would be due. The reduction shall be based upon a percentage reduction in the tax that otherwise would be due on the full assessed value of the affected property. The special tax assessment shall provide for tax reduction at least equal to the following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that would be due based on the full assessed value of the affected property; (ii) in the second and third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed value of the affected property. The municipality may at its discretion provide for greater real property tax reductions than those described in clauses (i) to (iii), inclusive. (2) A municipality may approve special tax assessments if it determines that: (i) the property owner is either: (A) undertaking a project or otherwise making an investment that contributes to economic revitalization of the municipality and significantly increases employment opportunities for residents of the municipality; or (B) retaining permanent full-time employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is reasonably necessary to enable the owner's investment in the project or to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to the public benefits resulting from the special tax assessment. (c) If a municipality offers tax increment financing or special tax assessment to the owner or controlling business of a certified project or to the owner of a facility where a certified project is located, the municipality shall notify the EACC by submitting a fully executed copy of the adopted local incentive agreement and any amendments thereto.

M.G.L. c. 23A, § 3F Reports to be filed by controlling business or affiliate awarded EDIP tax credits; material noncompliance with representation made on application; revocation of project certification

c. 23A, § 3F. Reports to be filed by controlling business or affiliate awarded EDIP tax credits; material noncompliance with representation made on application; revocation of project certification Section 3F. (a) The controlling business or affiliate awarded EDIP tax credits shall file a report with MOBD, signed by an authorized representative of the controlling business or affiliate, certifying whether the controlling business or affiliate has achieved the job creation projections, job retention projections and other material obligations or representations set forth in the EDIP contract. (b) In the event that MOBD finds that a controlling business or an affiliate is in material noncompliance with a representation made to the EACC in its application for project certification or the obligations set forth in an EDIP contract, MOBD may recommend to the EACC that it revoke the project certification. Prior to making a recommendation, MOBD shall provide written notice to the controlling business stating the basis for the recommended revocation and offering the controlling business an opportunity for a hearing at which the controlling business may contest the basis for the recommendation or establish mitigating circumstances which may be relevant to the recommendation. (c) The EACC may revoke a project certification if it determines that a controlling business or affiliate is in material noncompliance with a representation made in its application for project certification or the obligations set forth in an EDIP contract. The EACC shall have the discretion to determine whether material noncompliance shall result in revocation of a project certification, taking into account: (i) the conduct of the controlling business subsequent to the project certification; (ii) the extent to which the material noncompliance is the result of unforeseen conditions that are outside the control of the controlling business; (iii) the potential impact on the municipality in which the certified project is located; and (iv) other considerations as the EACC shall establish by regulation or policy. Where the EACC determines that material noncompliance is due to factors outside the control of the controlling business, the EACC may elect to provide the controlling business with reasonable opportunity to cure the material noncompliance. If the EACC revokes a project's certification, it shall determine the proportion of compliance applicable to the certified project, and shall report the proportion of compliance to the controlling business and to the department of revenue. (d) Revocation of a project certification shall take effect on the first day of the tax year in which the material noncompliance occurred, as determined by the EACC, and all EDIP tax credits available to the controlling business shall be rescinded and any claimed tax credits awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of chapter 62 and subsection (i) of section 38N of chapter 63. (e) Notwithstanding any general law to the contrary, if a municipality terminates a local tax incentive agreement, the municipality may recapture the value of the tax not paid by making a special assessment on the owner of the parcel of real property in the tax year that follows the municipality's decision to terminate the agreement. The assessment, payment and collection of the special assessment shall be governed by procedures provided for the taxation of omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said chapter 59 for which omitted property assessments may be imposed for each of the fiscal years included in the special assessment.

M.G.L. c. 23A, § 3G Designation of economic target areas or economic opportunity areas; criteria for designating contiguous census tracts or municipalities as economic target areas; foreign trade zones

c. 23A, § 3G. Designation of economic target areas or economic opportunity areas; criteria for designating contiguous census tracts or municipalities as economic target areas; foreign trade zones Section 3G. (a) The EACC may designate 1 or more areas as an economic target area or economic opportunity area in connection with an application from a municipality seeking the designation under the federal Empowerment Zones and Enterprise Communities Program or other local, state or federal programs that contemplate such designations. Designations of new economic target areas, if any, shall be made in accordance with the criteria in subsection (b). Designations of new economic opportunity areas, if any, shall be made at the discretion of the EACC in accordance with regulations to be promulgated by the EACC, or rules or policies adopted by the EACC. (b) The EACC may from time to time designate as an economic target area an area of the commonwealth comprised of 3 or more contiguous census tracts or 1 or more contiguous municipalities provided that the area proposed for designation meets 1 of the following criteria: (i) the proposed economic target area has an unemployment rate that exceeds the statewide average by not less than 25 per cent; (ii) if the proposed economic target area is located in a metropolitan area, then not less than 51 per cent of the households in the proposed economic target area have incomes that are below 80 per cent of the median income for households in the metropolitan area; (iii) if the proposed economic target area is not located in a metropolitan area, then not less than 51 per cent of the households in the proposed economic target area have incomes that are below 80 per cent of the median income for households in the commonwealth; (iv) the proposed economic target area has a poverty rate which is not less than 20 per cent higher than the average poverty rate for the commonwealth; (v) the area proposed for designation has heightened economic need due to: (i) an industrial or military base closure; (ii) the presence of underutilized maritime or electric generation facilities; or (iii) a commercial vacancy rate greater than 20 per cent; or (vi) the area proposed for designation has exceptional potential for economic development as a result of: (i) the proposed redevelopment of blighted real estate or abandoned buildings totaling not less than 1,000,000 square feet; (ii) the proposed establishment of a regional technology center of not less than 3,000,000 square feet; or (iii) the proposed development of a Class I renewable energy generating facility. (c) A city or town with an economic opportunity area may make application to the United States Foreign Trade Zones Board under 19 U.S.C. 81(a) to 81(u), inclusive, for a grant to the city or town for the privilege of establishing, operating and maintaining a foreign trade zone within its economic opportunity area. Upon petition from a city or town, the EACC may authorize any other city or town to make application to the Foreign Trade Zones Board for a grant to the city or town for the privilege of establishing, operating and maintaining a foreign trade zone.

M.G.L. c. 23A, § 3H Permit regulatory office; director; regulatory ombudsman; annual report

c. 23A, § 3H. Permit regulatory office; director; regulatory ombudsman; annual report Section 3H. (a) There shall be a permit regulatory office within the executive office of economic development. The secretary of economic development shall appoint a person with experience in permitting and business development to serve as the director of the permit regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit ombudsman to new and expanding businesses; (ii) work with other state agencies, but not including divisions of the state secretary's office, to expedite the process of obtaining state licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide technical assistance to municipalities interested in streamlining local permitting processes; (iv) review and approve or deny municipal priority development site proposals made pursuant to chapter 43D and monitor the development of priority development sites; (v) subject to appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi) support the administration of the growth districts initiative as defined in chapter 43E. The permit regulatory office shall consult with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation prior to approving or denying a proposed priority development site; provided, that for local review procedures the regulatory office shall consult with relevant municipal officials and regional planning agencies responsible for local review procedures. (b) There shall be a regulatory ombudsman within the permit regulatory office to address regulatory matters of interest to the business community. The regulatory ombudsman shall work in partnership with the state permitting ombudsman to assist businesses in the process of complying with state regulations and other requirements of law that affect businesses. The regulatory ombudsman shall facilitate communication between individual businesses and state agencies and provide periodic training to regulatory personnel in state agencies on how to identify the small business impacts of regulation, how to reduce those impacts and how to expedite and streamline the process or compliance. (c) The director of the permit regulatory office shall file an annual report with the house and senate committees on ways and means not later than January 1 detailing the activities of the permit regulatory office.

M.G.L. c. 23A, § 3I Rail-trail construction; matching grants to municipalities; environmental insurance

c. 23A, § 3I. Rail-trail construction; matching grants to municipalities; environmental insurance Section 3I. (a) Notwithstanding any other provisions of this chapter but subject to appropriation, the Massachusetts office of business development shall upon receipt of qualifying applications, expend not less than $500,000 annually in matching grants to assist municipalities to purchase environmental insurance naming as an additional insured the Massachusetts Bay Transportation Authority or the office of planning and programming and construction, as applicable, for purposes of establishing and maintaining rail-trails, as defined in section 2 of chapter 21E and section 35A of chapter 82, utilizing the Brownfield's Redevelopment Access to Capital Policy Form or similar or replacement form, with terms, conditions, amendments and endorsements as appropriate under the circumstances of the proposed rail-trail project, and with coverage limits of at least $3,000,000 per incident, a deductible of at most $50,000 per incident, and a term of at least 5 years. (b) Unless specifically required by federal law in connection with any grant for construction of a rail-trail, a municipality that has applied for and received a grant and has purchased the environmental insurance as described in subsection (a) shall not be required to furnish to the Massachusetts Bay Transportation Authority, the executive office of transportation and public works or any person having an interest in the rail-trail project site, any other form of environmental insurance, or any defense, indemnification or hold-harmless agreement with respect to any claims, injuries, costs, damages or other relief arising out of or related to the pre-existing release or threat of release of oil or hazardous materials, as those terms are defined in chapter 21E, at or from the project site in connection with the design, acquisition, construction, use or maintenance of the rail-trail for which the application is made. (c) This section shall only apply to rail-trail projects on land in which a city or town acquires or has acquired an interest by deed, easement, lease, license or otherwise from the Massachusetts Bay Transportation Authority or the executive office of transportation and public works or a successor agency of either of them for the design, installation, construction, operation, maintenance or use of a rail-trail, as defined in section 2 of chapter 21E. The Massachusetts office of business development shall promulgate regulations, policies, or directives necessary to expedite the receipt and approval of grant applications from municipalities under this section.

M.G.L. c. 23A, § 3J MOBD partnerships with regional economic development organizations

c. 23A, § 3J. MOBD partnerships with regional economic development organizations Section 3J. (a) The Massachusetts office of business development shall partner with regional economic development organizations to establish a plan to support regionally based efforts to grow and retain existing businesses and attract new business to the commonwealth. To implement the regional plan and to provide efficient and consistent responses to businesses seeking assistance from the commonwealth, the office shall create a regional economic development program. To implement the program, the office shall contract with regional economic development organizations, as defined in section 3K. The contracts and reimbursements shall be designed to support regionally based efforts to stimulate, encourage, facilitate and nurture economic growth and prosperity in the commonwealth including, but not limited to, the identification of regional competitive strengths, challenges and opportunities, regional cluster development strategies, long-range regional workforce skills, pipeline, transportation and land use planning and other systems-based activities related to the growth and retention of existing businesses and the attraction of new businesses into the commonwealth. The contracts shall support a network of partnerships between regional economic development organizations and the Massachusetts office of business development. The Massachusetts office of business development shall locate staff throughout the regions of the commonwealth in order to establish efficient and rapid access to all state government and quasi-public business services. The Massachusetts office of business development shall provide information to the regional economic development organizations about state economic development, business assistance, capital access and incentive programs, marketing activities and programs offered by agencies, authorities and private entities. (b) Each contract shall include performance criteria specific to the contracting organization developed under section 16G of chapter 6A and uniform standards for the use of contract funds related to accounting procedures, personnel practices, purchasing procedures and conflict of interest rules. As a condition to its receipt of funds, the contracting organization shall agree to follow these standards and to perform the contracted services in conformity with conflict of interest rules which shall include provisions requiring that in any matter in which a person, corporation or other business entity in which any partner is in any way interested, such interest shall be disclosed in advance and that no partner having such an interest may participate in a decision relating to such person, corporation or other business entity. The contracting organization shall submit its audited financial statements annually to the state auditor and shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary. (c) The Massachusetts office of business development shall establish standard governance provisions to be required of regional economic development organizations that contract with the commonwealth as provided in this section. The standards shall include the participation of local government officials and a broad range of regional representatives of businesses, nonprofit organizations, higher education institutions, planning professionals, organizations and economic and workforce development professionals. (d) Contracts for services entered into under this section shall include, but not be limited to, the following services to be performed by the regional economic development organizations on behalf of the commonwealth: (i) assessing regional competitive strengths, weaknesses and opportunities; (ii) representing the regional business community in long-range workforce skills pipeline planning efforts to ensure robust skills and talent pipelines that meet regional needs; (iii) representing the regional business community in collaborative, long-range workforce skills, transportation and land use planning; (iv) promoting regionally significant industry clusters; (v) promoting connections across sectors of the regional economy; (vi) maintaining an inventory of key development parcels; (vii) marketing the region in coordination with the Massachusetts marketing partnership established under section 13A; and (viii) furnishing advice and assistance to businesses and industrial prospects which may locate in the region.

M.G.L. c. 23A, § 3K MOBD awarding of contracts for regional business development services; eligible organizations; requirements

c. 23A, § 3K. MOBD awarding of contracts for regional business development services; eligible organizations; requirements Section 3K. (a)(1) The Massachusetts office of business development shall award up to 12 contracts for regional business development services. Each contract shall specify the municipalities which comprise the region to be served under that contract. (2) Eligible organizations shall be corporations, foundations, organizations or institutions that are exempt from federal taxation under section 501(c) of the Internal Revenue Code. Eligible organizations shall have a primary focus on economic development. Governmental regional entities which serve as regional or district planning commissions under chapter 40B, regional employment boards, tourism councils under section 14 of chapter 23A or entities which are a political subdivision of a municipality or wholly owned by a municipality shall not be eligible. (3) In order to be eligible to be a regional business development service, an applicant shall demonstrate the following: (i) The applicant operates regionally and its service area or membership includes more than 10 contiguous cities or towns. The organization shall describe the economic interdependency of its contiguous member municipalities and articulate a comprehensive vision for recognition of those municipalities as a self identified region with interrelated economic assets such as industrial base, public infrastructure, research, educational and financial institutions and environmental characteristics. (ii) The governance structure and leadership of the applicant organization complies with the standards established by the Massachusetts office of business development. (iii) The applicant is engaged primarily in activities intended to promote job and business retention, creation and attraction across all industry sectors within its identified region. (iv) The applicant has a history of collaboration with the area business community, local officials, economic development organizations, higher education institutions and other public and private organizations within the identified region. The applicant must describe a plan for a formal program encouraging participation in activities by a wide variety of organizations, governments and businesses operating in the identified region. (v) The applicant has received or has commitments to receive substantial financial and in kind support from private sources or member municipalities. (vi) The applicant is capable of and agrees to provide services to the entire region identified in the application. (b) The Massachusetts office of business development shall give preference in awarding contracts to organizations that have prior experience furnishing advice and assistance to businesses within or seeking to locate to the identified region, a working knowledge of the region, the region's industrial base, the region's demographics and the region's strengths and weaknesses and prior experience and involvement with regional governmental entities including, but not limited to, regional competitiveness councils, regional planning agencies and regional employment boards. (c) Contracts for services entered into under this section shall include, but not be limited to, the following required services to be performed by the organization on behalf of the commonwealth: (i) act as the primary contact for businesses seeking assistance from state or local governments, including those seeking to locate within the region or expand existing operations; (ii) identify public funding sources for business activity and provide assistance in accessing public tax incentive programs; (iii) identify potential sites for business development and maintain an inventory of key development parcels; (iv) market the identified region in coordination with the Massachusetts marketing partnership established under section 13A and in compliance with the marketing materials developed by the partnership; (v) furnish advice and assistance to businesses and industrial prospects which may locate in the region, existing businesses and industries and persons seeking to establish new businesses or industries and engage in related activities; (vi) establish and maintain a network of public and private expertise related to regional assets, industry clusters, workforce and education opportunities and public tax and regulatory incentive and capital access programs; (vii) partner with the Massachusetts office of business development representative to the region and representatives of quasi-public agencies and authorities engaged in economic development activities to exchange information and jointly provide direct consultation with businesses seeking to expand or locate to the region; (viii) act as the primary contact for the region for a business seeking state assistance and incentives in a location decision; (ix) in partnership with the staff of the Massachusetts office of business development, assist member municipalities with economic development efforts related to business attraction and retention and with access to state economic development programs; and (x) submit an annual report to the Massachusetts office of business development on the business development activities conducted under the contract. The report shall include: a summary of the preceding year's program activities, objectives and accomplishments; a description of how the programs and marketing strategy conducted under the contract align with the commonwealth's overall economic development and strategies; an analysis of how the contracting organization's involvement in promotion activities has generated prospective business expansion and relocation clients; and a summary of its efforts to obtain funds from local, private and federal sources. (d) Contracts entered into under this section shall be for a term not longer than 3 years and may provide for the renewal of the contract at the discretion of the Massachusetts office of business development; provided, however, that the renewal shall be for a term not longer than 2 years. Nothing in this subsection shall preclude a regional organization from re-applying to provide services under a new contract. (e) The Massachusetts office of business development may cancel any contract under this section upon a showing that the regional economic development organization has failed to provide the necessary regional services listed in subsection (c). (f) The Massachusetts office of business development shall develop a formula to determine funding for contractual reimbursements. That formula shall reflect demographic and economic indicators, including, but not limited to, population and the number of business establishments operating in the region, as well as an assessment of regional needs and the priorities of the statewide economic development plan created under section 16G of chapter 6A. The formula shall also reflect the significant need for increased economic activity in regions which include target areas, as defined in section 2 of chapter 40H. Renewal contracts shall also provide incentives to reward reporting in compliance with performance measurements and to reward achievement of specific performance goals. (g) Organizations entering into contracts with the commonwealth under this section may enter into additional contracts with the commonwealth to provide additional regional services which do not constitute business assistance activities. (h) If MOBD determines through the request for proposals process that no organization meets the requirements in this section or a region is not served by any eligible regional economic development organization, then MOBD may either rebid the contract or serve as the primary coordinator for business development initiatives in that region and rebid the contract at its discretion.

M.G.L. c. 23A, § 3L MOBD assistance to businesses interested in establishing relationships with regional economic development organizations

c. 23A, § 3L. MOBD assistance to businesses interested in establishing relationships with regional economic development organizations Section 3L. (a) The Massachusetts office of business development shall provide initial assistance to a business which contacts the office requesting service. The Massachusetts office of business development shall provide the business with information about the various regional economic development organizations with which it has contracted and continue to serve as primary contact for that business until the business has established a relationship with a particular region. The Massachusetts office of business development shall notify all regional economic development organizations, on a nondiscriminatory basis, of business prospects that have expressed interest to the Massachusetts office of business development in moving to the commonwealth. (b) The Massachusetts office of business development shall coordinate activity among regional economic development organizations and between regional economic development organizations and the commonwealth's economic development agencies and the commonwealth's initiatives: (i) to ensure that initiatives led by the commonwealth or quasi-public economic development agencies receive information and advice from the regional economic development organizations; and (ii) to ensure that initiatives led by the regional economic development organizations receive information and advice from agencies within the executive branch and from quasi-public economic development agencies. (c) The Massachusetts office of business development shall support the secretary of housing and economic development in the creation of the statewide economic development plan under section 16G of chapter 6A.

M.G.L. c. 23A, § 3M Live theater tax credit pilot program; competitive grant program; applications; cost accounting

c. 23A, § 3M. Live theater tax credit pilot program; competitive grant program; applications; cost accounting [Text of section effective until January 1, 2030 for taxable years beginning on or after January 1, 2025. Repealed by 2024, 238, Sec. 315. See 2024, 238, Sec. 319.] Section 3M. (a)(1) For the purposes of this section, ''office'' shall mean the Massachusetts office of business development established in section 1, or any constituent office thereof. (2) There is hereby established a pilot program for a live theater tax credit for which a live theater company doing business with a Massachusetts-based theater venue, theater company, theater presenter or producer may be eligible. The credit shall be established to support the expansion of pre-Broadway productions, pre-off-Broadway productions, national tour launches and regional professional theater productions, as those terms are defined in paragraph (1) of subsection (ff) of section 6 of chapter 62 and subsection (a) of section 38QQ of chapter 63, and shall assist in the development of long run show development and growth. (b)(1) The office, directly or through a constituent office, shall run a competitive grant program to award live theater tax credits. An applicant shall only be awarded a tax credit if they meet the requisite criteria and qualifications for the credit as outlined in this section and subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63. The office shall establish criteria for prioritization of credits, which may include anticipated economic impact and other factors at the discretion of the office. The total cumulative value of the credits authorized pursuant to this section and subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63 shall not exceed $7,000,000 annually. (2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the office an application for certification of the theater production. The application shall provide all information and data the office deems necessary for the evaluation and administration of the application, including, but not limited to, any information about the theater production company or its related partners or presenters and a specific Massachusetts live theater or musical production as well as such other information as the office, in its discretion, requires to evaluate and prioritize applications. The eligible theater production budget shall be not less than $100,000. The maximum credit for any production shall not be more than $7,000,000, or a lesser amount as determined by the office. (3) The office shall review completed applications, determine whether they meet the requisite criteria and qualifications for certification and award tax credits in the office's sole discretion. If a theater production or presentation is determined to be eligible, the office shall issue a certification of the eligible theater production or presentation to the theater production company, co-producer or presenter and to the commissioner of revenue. The certification shall provide a unique identification number for the production and shall be a statement of conditional eligibility for the production. (c) Upon completion of an eligible theater production for which a certification has been granted, the applicant shall properly prepare, sign and submit to the office and the department of revenue a cost accounting in connection with the eligible theater production. The cost accounting shall contain a cost report and an accountant's certification. In computing payroll costs, production and performance expenditures and transportation expenditures for which a credit may be claimed, an eligible theater production shall subtract any state funds, state loans or state guaranteed loans. The office and commissioner of revenue may rely, without independent investigation, upon an accountant's certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. If the office or the department of revenue receives information that is materially inconsistent with representations made in an application, the office may rescind the certification. (d) The office, in consultation with the commissioner of revenue, shall promulgate rules and regulations to administer this section.

M.G.L. c. 23A, § 4 Office; employees

c. 23A, § 4. Office; employees Section 4. The Massachusetts office of business development shall have an office in western Massachusetts under the direct supervision of the director. Subject to appropriation, the director shall hire such employees as he may from time to time deem necessary for the proper performance of the functions of the office. The Massachusetts office of business development shall locate staff throughout the regions of the commonwealth in order to partner with the regional economic development organizations and establish efficient and rapid access for businesses and regional organizations to all state government and quasi-public business services.

M.G.L. c. 23A, § 5 MOBD's description of organization

c. 23A, § 5. MOBD's description of organization Section 5. The director of MOBD shall prepare and keep current a general statement of the organization of MOBD, of the assignment of functions to its various administrative units, officers and employees, and of the established places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as MOBD's description of organization. A current copy of the description of organization shall be on file in the office of the state secretary and in the executive office for administration and finance.

M.G.L. c. 23A, § 6 Advisory committees and council

c. 23A, § 6. Advisory committees and council Section 6. To assist MOBD in the discharge of its duties, the director may appoint, without regard to chapter 31, advisory committees on regional planning and commercial and industrial development from among interested citizens of the commonwealth. The director may establish an advisory council that may assist and advise the director on matters related to the administration and evaluation of the regional business development program created under section 3J. Members of such committees shall receive no compensation for their services but may be reimbursed for their expenses. Such committees shall receive assistance from MOBD as designated by the director of MOBD. Each committee shall annually, on or before November 1, make a report to the director of MOBD and may make such special reports as it or the director of MOBD may deem desirable.

M.G.L. c. 23A, § 7 Annual reports

c. 23A, § 7. Annual reports Section 7. The director of MOBD shall prepare and submit to the governor and the general court an annual report which shall contain the description of organization of MOBD, and such other matters as he deems appropriate. He shall also include in such annual report such information as may be required by the commissioner of administration. He shall from time to time submit such other reports as the commissioner of administration may require.

M.G.L. c. 23A, § 8 Acceptance of gifts and grants

c. 23A, § 8. Acceptance of gifts and grants Section 8. MOBD may accept gifts or grants of money or property from any source, which shall be held in trust for the use of MOBD by the director of MOBD as custodian.

M.G.L. c. 23A, § 9 Employees; appointments and removals; consultants

c. 23A, § 9. Employees; appointments and removals; consultants Section 9. The director of MOBD may, subject to appropriation, appoint and remove all employees of the MOBD as may be necessary to carry out the work of MOBD. Unless otherwise provided by law, all such appointments and removals shall be made in accordance with chapter 31. From time to time, the director of MOBD may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as he may deem necessary.

M.G.L. c. 23A, § 10A Buy Massachusetts Program

c. 23A, § 10A. Buy Massachusetts Program Section 10A. The MOBD shall establish a Buy Massachusetts Program. In implementing said program the MOBD shall analyze and compile a list of products or goods that companies and businesses in the commonwealth need or that are produced for them. The raw materials listed shall include agricultural items produced in the commonwealth and parts of special services provided by said companies. Special attention shall be given to those items or products that such companies currently purchase outside the commonwealth or from foreign countries and especially an item or product needed or required for the first time. MOBD shall make inquiries as to the needs of locally-based companies and businesses and determine if other commonwealth based companies and business entities need the item or product, or are capable of making or producing the item or product with additional capital or retooling. MOBD shall utilize said lists for the purpose of bringing together the needs, as so determined, with the business entities utilizing said products or items and more than one entity may be serviced by one or more local suppliers or buyers, the purpose of said program being to connect local companies' needs with products made or services provided by other local companies. The Massachusetts office of business development may expend such funds as may be appropriated therefor, and may accept federal funds, or private gifts and grants to assist it in carrying out the purposes as set forth in this section.

M.G.L. c. 23A, § 10B Massachusetts advanced manufacturing collaborative

c. 23A, § 10B. Massachusetts advanced manufacturing collaborative Section 10B. The secretary of economic development shall establish a Massachusetts advanced manufacturing collaborative, hereinafter referred to as the collaborative, within the executive office of economic development, which shall be responsible for advising and assisting on the development, implementation and periodic update of a plan to foster and strengthen the conditions necessary for growth and innovation of manufacturing within the commonwealth. The collaborative shall include, but not be limited to: the secretary of economic development, or a designee, who shall serve as chair; the secretary of labor and workforce development, or a designee; 1 person who shall be appointed by the speaker of the house of representatives; 1 person who shall be appointed by the president of the senate; the director of the office of business development; the executive director of the Massachusetts clean energy center; the executive director of the Massachusetts Life Sciences Center; the executive director of the John Adams Innovation Institute; the president of the Massachusetts Technology Development Corporation; the president of the Massachusetts Manufacturing Extension Partnership, Inc.; a representative from the Associated Industries of Massachusetts, Inc.; a representative from the Massachusetts Workforce Board Association; a representative from the Massachusetts Development Finance Agency; a representative from the Massachusetts Technology Park Corporation; a representative from a local chamber of commerce appointed by the governor; and 8 members appointed by the governor to represent the commonwealth's large manufacturers, small-to-medium sized enterprises, incubators, innovation centers and federally-funded research and development centers. The collaborative shall: (i) consult with stakeholders in the public and private sector in the development and implementation of the commonwealth's manufacturing plan; (ii) identify emerging priorities within the commonwealth's manufacturing sector in order to make recommendations for high impact projects and initiatives; (iii) facilitate the implementation of goals established under the plan; and (iv) develop a statewide certification process for the advanced manufacturing industry with the goal of establishing uniform industry workforce standards across the commonwealth. The collaborative may establish working groups that aid in the development and implementation of the plan.

M.G.L. c. 23A, § 13 Employees; assistance from other state agencies

c. 23A, § 13. Employees; assistance from other state agencies Section 13. MOBD may employ such personnel as may be necessary to carry out its duties under the provisions of chapter forty D. All departments, divisions, boards, bureaus, commissions or other agencies of the state government shall provide such assistance and information as MOBD may request in order to carry out said duties.

M.G.L. c. 23A, § 13A Massachusetts marketing partnership; definitions applicable to Secs. 13A to 13Q; members

c. 23A, § 13A. Massachusetts marketing partnership; definitions applicable to Secs. 13A to 13Q; members Section 13A. For the purposes of sections 13A to 13Q, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise: ''Foreign offices'', foreign offices for international trade within the international trade office. ''Partnership'', the Massachusetts marketing partnership created in this section. ''Tourism'', the office of travel and tourism. In order to promote common, coordinated and concerted efforts on behalf of the commonwealth, there shall be within the executive office of economic development, but not subject to the supervision or control of the executive office, the Massachusetts marketing partnership which shall coordinate marketing efforts on behalf of the commonwealth and shall oversee the activities of the agencies placed within it. (a) The partnership shall consist of 11 partners who shall be: the secretary of economic development, who shall be the chair; the director of the Massachusetts office of business development or the director's designee; the executive director of the Massachusetts Convention Center Authority or the executive director's designee; the executive director of the Massachusetts Port Authority or the executive director's designee; the executive director of the Massachusetts Alliance for Economic Development, or its successor organization; and 6 individuals appointed by the governor for terms of 5 years, as follows: 2 persons employed by a business that has a principal place of business in the commonwealth and that exports goods to other countries, 1 of whom shall be selected from a list of 3 names submitted by the Associated Industries of Massachusetts; 1 person who has significant experience with a public relations or advertising firm doing business in the commonwealth; 1 person who shall be on the faculty of a public or private business school in the commonwealth who is experienced in international business; and 2 persons who shall each represent a regional tourism council in the commonwealth outside of Suffolk county, Middlesex county and Norfolk county. Of the initial partners appointed by the governor, 3 shall serve a term of 2 years and 3 shall serve a term of 5 years. At least 3 of the governor's 6 appointments shall reside outside of Suffolk county, Middlesex county and Norfolk county. Of the 6 gubernatorial appointments, no more than 3 shall be of the same political party. Each partner shall serve without compensation but may be reimbursed for actual and necessary expenses reasonably incurred in the performance of the partner's duties, including reimbursement for reasonable costs of travel as deemed necessary by the partnership. A person appointed to fill a vacancy in the office of a partner shall be appointed in a like manner and shall serve for only the unexpired term of the former partner. A partner shall be eligible for reappointment and may be removed by the governor for cause. The partnership shall annually elect 1 partner to serve as vice-chair. (b) Eight partners shall constitute a quorum and the affirmative vote of a majority of partners present at a duly called meeting, if a quorum is present, shall be necessary for an action to be taken by the partnership. An action required or permitted to be taken at a meeting of the partnership may be taken without a meeting if all of the partners consent, in writing, to the action and the partnership files the written consent with the records of the minutes of the meetings of the partnership. Such consent shall be treated for all purposes as a vote at a meeting. Each partner shall make full disclosure, under subsection (c), of the partner's financial interest, if any, in matters before the partnership by notifying the state ethics commission, in writing, and the partner shall abstain from voting on a matter before the board in which the partner has a financial interest, unless otherwise permitted under chapter 268A. (c) Chapters 268A and 268B shall apply to all ex officio partners or the partners' designees and employees of the agencies within the partnership. Chapters 268A and 268B shall apply to all other partners, except that the agencies within the partnership may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with a person, corporation or other business entity in which any partner is in any way interested or involved; provided, however, that such interest or involvement is disclosed in advance to the partners of the Massachusetts marketing partnership and recorded in the partnership's minutes; and provided, further, that no partner having such an interest or involvement may participate in a decision of the partnership relating to such person, corporation or other business entity. Employment by the commonwealth or service in an agency or political subdivision of the commonwealth shall not be deemed to be such an interest or involvement. (d) The partnership shall biennially elect 1 of its partners as treasurer and 1 of its partners as secretary. The secretary of the partnership shall keep a record of its proceedings and shall be custodian of all books, documents and papers filed by the partnership and of its minute book and seal. The secretary of the partnership shall cause copies to be made of all minutes and other records and documents of the partnership and shall certify that such copies are true copies and all persons dealing with the partnership may rely upon such certification. (e) Partners and employees of the agencies within the partnership having access to its cash or negotiable securities shall give bond to the partnership at its expense in such amounts and with such surety as the partnership may prescribe. The persons required to give bond may be included in 1 or more blanket or scheduled bonds. (f) Partners and officers who are not compensated employees of the partnership shall not be liable to the commonwealth, the executive office of economic development or any other person as a result of their activities, whether ministerial or discretionary, as such partners or officers except for willful dishonesty or intentional violations of law. Neither members of the partnership nor a person executing bonds or policies of insurance shall be personally liable on those bonds or policies or be subject to any personal liability or accountability by reason of the issuance of those bonds or policies. The partnership may purchase liability insurance for partners, officers and employees and may indemnify the partners against claims of others. (g) Upon the termination of the existence of the partnership, all right, title and interest in and to all of its assets and all of its obligations, duties, covenants, agreements and obligations shall vest in and be possessed, performed and assumed by the commonwealth. (h) An action of the partnership may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the partnership shall be subject to sections 18 to 25, inclusive of chapter 30A except that section 18 shall not apply to any meeting of partners in the partnership serving ex officio in the exercise of their duties as officers of the commonwealth so long as no matter relating to the official business of the partnership is discussed and decided at the meeting. The partnership shall be subject to all other sections of said chapter 30A and records pertaining to the administration of the partnership shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the partnership shall be considered to be public funds for purposes of chapter 12A. (i) The partnership shall be subject to section 16G of chapter 6A and section 56 of chapter 23A.

M.G.L. c. 23A, § 13B Marketing partnership; offices within the partnership

c. 23A, § 13B. Marketing partnership; offices within the partnership Section 13B. There shall be within the partnership the following offices: the office of travel and tourism, the Massachusetts international trade office and the commonwealth marketing office.

M.G.L. c. 23A, § 13C Marketing partnership; powers and duties

c. 23A, § 13C. Marketing partnership; powers and duties Section 13C. The partnership shall have the power to: (1) adopt and amend by-laws, regulations and procedures for the governance of its affairs and the conduct of its business for the administration and enforcement of this sections 13A to 13Q, inclusive; provided, however, that regulations adopted by agencies within the partnership shall be adopted under chapter 30A; (2) adopt an official seal and a functional name; (3) maintain offices at places within the commonwealth as it may determine and to conduct meetings of the partnership in accordance with the by-laws of the partnership; (4) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the partnership; (5) sue and be sued in its own name, plead and be impleaded; (6) act as the central entity and coordinating organization for marketing initiatives on behalf of the commonwealth and to work in collaboration with governmental entities, regional economic development organizations, bodies, centers, institutes and facilities to advance the commonwealth's interests and investments in travel and tourism, international trade and economic development; (7) appear in its own behalf before boards, commissions, departments or other agencies of municipal, state or federal government; (8) obtain insurance; (9) apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied for its corporate purposes; (10) review and recommend changes in laws, rules, programs and policies of the commonwealth and its agencies and subdivisions to further the marketing of the commonwealth and economic development within the commonwealth; (11) enter into agreements with public and private entities that deal primarily with economic development, in order to distribute and provide leveraging of funds or services to further economic development in the commonwealth and promote overall economic growth within the commonwealth by fostering collaboration and investments in tourism and international trade initiatives in the commonwealth; (12) provide and pay for such advisory services and technical assistance as may be necessary or desired to carry out the purposes of this chapter; (13) establish and collect such fees and charges as the department without further appropriation shall determine to be reasonable and consistent with this sections 13A to 13Q, inclusive; and to receive and apply revenues from fees and charges to the purposes of the department or allotment by the commonwealth or any political subdivision of the commonwealth; (14) disburse, appropriate, grant, loan or allocate funds for the purposes of investing in economic development initiatives as directed in sections 13A to 13Q, inclusive; (15) provide assistance to local entities, local authorities, public bodies, regional economic development organizations, and private corporations for the purposes of maximizing opportunities for economic development initiatives in the commonwealth; (16) prepare, publish and distribute, with or without charge, as the department may determine, such studies, reports and bulletins and other material as the department deems appropriate; (17) exercise any other powers of a corporation organized under chapter 156B; (18) develop a common Internet portal to be used by state agencies and state authorities to promote the commonwealth's programs providing business assistance and to promote economic development in the commonwealth; (19) take any actions necessary or convenient to the exercise of any power or the discharge of any duty provided for by sections 13A to 13Q, inclusive; (20) establish an advisory council to assist and advise the partnership on matters related to the commonwealth's business marketing efforts; (21) enter into agreements or other transactions with any person including, without limitation, a public entity or other governmental instrumentality or agency in connection with the powers and duties provided to the partnership under sections 13A to 13Q, inclusive; and (22) delegate any of the powers under this section to a director having charge of an agency within the partnership.

M.G.L. c. 23A, § 13D Marketing partnership; operation as state agency; representation by attorney general in suits and other civil proceedings; staff support

c. 23A, § 13D. Marketing partnership; operation as state agency; representation by attorney general in suits and other civil proceedings; staff support Section 13D. (a) The partnership and the agencies within the partnership shall, for the purposes of compliance with state finance law, operate as a state agency, as defined in section 1 of chapter 29, and shall be subject to the laws applicable to agencies under the control of the governor including, but not limited to, chapters 7, 7A, 10 and 29; provided, however, that the comptroller may identify additional instructions or actions necessary for the partnership to manage fiscal operations in the state accounting system and meet statewide and other governmental accounting and audit standards. Unless otherwise exempted by law or the applicable central service agency, the partnership shall participate in other available commonwealth central services including, but not limited, to the state payroll system under section 31 of chapter 29 and may purchase other goods and services provided by state agencies under the direction of the comptroller. The comptroller may chargeback the partnership for the transition and ongoing costs for participation in the state accounting and payroll systems and may retain and expend such costs without further appropriation for the purposes of this section. The partnership shall be subject to section 5D of chapter 29 and subsection (f) of section 6B of said chapter 29. This section shall not apply to authorities who are serving as partners of the partnership. (b) The office of the attorney general shall appear for the partnership in all suits and other civil proceedings in which the partnership is a party or interested or in which the official acts and doings of the partnership are called into question, to the same extent and in the same manner as provided to the commonwealth and state departments, officers and commissions under section 3 of chapter 12. The partnership shall be considered to be an agency of the commonwealth for purposes of chapter 12. (c) The Massachusetts office of business development may provide staff support for the Massachusetts marketing partnership; provided, however, that the partnership shall contract with said office or with another public authority for the performance by that authority of core administrative functions, as determined by the secretary of economic development which may include, but shall not be limited to, human resources, financial management, information technology, legal, procurement and asset management, to minimize the administrative costs and expenses of the partnership.

M.G.L. c. 23A, § 13E Office of travel and tourism; executive director; appointment; powers and duties

c. 23A, § 13E. Office of travel and tourism; executive director; appointment; powers and duties Section 13E. There shall be within the partnership an office of travel and tourism which shall be under the supervision and control of an executive director. The powers and duties given to the executive director of the office of travel and tourism in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the partnership. The executive director of the office of travel and tourism shall be appointed by the secretary of economic development. The position of executive director of the office of travel and tourism shall be classified under section 45 of chapter 30 and the executive director of travel and tourism shall devote full time during business hours to the duties of the office of travel and tourism and shall give to the state treasurer a bond for the faithful performance of those duties. The executive director of travel and tourism shall be the executive and administrative head of travel and tourism and shall be responsible for administering and enforcing the laws relative to travel and tourism and to any administrative unit of that office. Powers and duties given to an administrative unit of travel and tourism by a general or special law shall be exercised subject to the direction, control and supervision of the executive director of travel and tourism.

M.G.L. c. 23A, § 13F Office of travel and tourism; function

c. 23A, § 13F. Office of travel and tourism; function Section 13F. The office of travel and tourism shall serve as the principal agency for promoting the recreational, cultural, historic and scenic resources of the commonwealth to increase its desirability as a location for tourism, convention, travel and recreation-related activities by providing informational, marketing and technical assistance to public and private nonprofit entities organized for similar purposes.

M.G.L. c. 23A, § 13G Office of travel and tourism; employees; appointment and removal

c. 23A, § 13G. Office of travel and tourism; employees; appointment and removal Section 13G. The executive director of travel and tourism may, subject to appropriation, appoint and may, with like approval, remove all such employees as may be necessary to carry out the work of tourism. Unless otherwise provided by law, all such appointments and removals shall be made under chapter 31. The executive director may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as the executive director may deem necessary.

M.G.L. c. 23A, § 13H Office of travel and tourism; advisory commission

c. 23A, § 13H. Office of travel and tourism; advisory commission Section 13H. There shall be an advisory commission on travel and tourism to the partnership to develop budget recommendations and marketing strategies for the promotion of travel and tourism to the commonwealth. The executive director of travel and tourism shall convene the advisory commission quarterly. The advisory commission shall annually report its recommendations to the partnership not later than November 1. The advisory commission shall annually file its recommendations with the clerks of the senate and house of representatives not later than November 1. The membership of the commission shall annually elect a chairperson. The advisory commission shall have 30 members: 1 representative from each of the following organizations: the Massachusetts Restaurant Association, the Massachusetts Lodging Association, the Massachusetts Camping Ground Association, the New England Bus Association, the Massachusetts cultural council and the Massachusetts historical commission; 1 representative of a professional sports franchise located in the commonwealth; 2 representatives of the Massachusetts Visitor Industry Council; the executive director or the executive director's designee of each of the following regional tourism councils: 1 Berkshire Strategic Alliance Inc., Southeastern Massachusetts Convention and Visitors Bureau, the Cape Cod Chamber of Commerce, the Franklin County Chamber of Commerce, the Greater Boston Convention and Visitors Bureau, the Worcester Regional Tourism and Visitors Corporation, the Martha's Vineyard Chamber of Commerce, the Greater Merrimack Valley Convention and Visitors Bureau, the Mohawk Trail Association, the North of Boston Convention and Visitors Bureau, the Greater Springfield Convention and Visitors Bureau, the Plymouth County Development Council, Inc., the Nantucket Island Chamber of Commerce, the MetroWest Tourism and Visitor's Bureau, the Johnny Appleseed Trail Association, Inc., the Hampshire County Tourism and Visitor's Bureau; and the following individuals, who shall not serve as chair: the commissioner of conservation and recreation or the commissioner's designee, the administrator for highways within the Massachusetts Department of Transportation or the administrator's designee, the Massachusetts state coordinator of the United States National Park Service and the house and senate chairs of the joint committee on tourism, arts and cultural development. Members of this commission shall receive no compensation for their services, but each member shall be reimbursed the member's necessary expenses incurred while engaged in the performance of the member's duties. This commission shall annually, not later than November 1, make a report to the executive director and the secretary of economic development, and may make such special reports as the commission or the executive director of tourism may deem desirable.

M.G.L. c. 23A, § 13I Office of travel and tourism; gifts and grants; acceptance

c. 23A, § 13I. Office of travel and tourism; gifts and grants; acceptance Section 13I. The office of travel and tourism may accept gifts or grants of money or property from any source, which shall be held in trust for the use of tourism by the treasurer of the partnership as custodian.

M.G.L. c. 23A, § 13J Offices within office of travel and tourism: Massachusetts film office; Massachusetts sports partnership; reports

c. 23A, § 13J. Offices within office of travel and tourism: Massachusetts film office; Massachusetts sports partnership; reports Section 13J. (a) The following offices shall be within the office of travel and tourism: the Massachusetts film office, which shall be the official and lead agency to facilitate motion picture production and development in the commonwealth, and the Massachusetts sports partnership, which shall be the official and lead agency to facilitate and attract major sports events and championships in the commonwealth. All reports shall be made available on the office of travel and tourism's website. [There is no subsection (b).]

M.G.L. c. 23A, § 13K Massachusetts international trade office; executive director

c. 23A, § 13K. Massachusetts international trade office; executive director Section 13K. (a) There shall be within the partnership a Massachusetts international trade office, which shall be under the supervision and control of an executive director. The executive director shall be appointed by the secretary of economic development. The executive director shall devote full time during business hours to the duties of the Massachusetts international trade office. The executive director of the international trade office shall be the executive and administrative head of the office and shall be responsible for administering and enforcing the laws relative to the office and to any administrative unit of the office. The executive director shall also serve as the Massachusetts international trade representative. (b) The Massachusetts international trade representative shall: (1) serve as the commonwealth's official point of contact with the federal government on matters related to international trade; (2) work with the executive office of economic development and other appropriate state agencies to analyze proposed and enacted international trade agreements and provide an assessment of the impact of those agreements on the commonwealth's economy; (3) serve as the designated recipient of federal requests for the commonwealth to agree to be bound by investment, procurement, services or any other international trade agreements, including those which may infringe upon state law or regulatory authority reserved to the commonwealth; (4) serve as a liaison to the general court on matters of international trade policy oversight including, but not limited to, reporting to members of the general court on a regular basis on the status of ongoing international trade negotiations, international trade litigation and dispute settlement proceedings with implications for existing state laws, state regulatory authority and international trade policy on the commonwealth's economy. (c) The international trade representative shall, within 30 days of receipt, forward any requests or communications received from the United States Trade Representative relative to any issue of international trade, including requests seeking the commonwealth's consent to be bound by international trade agreements, to the clerks of the house of representatives and the senate, who shall promptly refer the communications or requests to the joint committee on economic development and emerging technologies. The joint committee shall, within 30 days of receipt, conduct a public hearing on any request seeking the commonwealth's consent to be bound by an international trade agreement. The joint committee may issue a report within 120 days of the public hearing including a resolution to the general court relative to the recommendations of the committee on whether the commonwealth should consent to the international trade agreement in question and memorializing the commonwealth's international trade representative and the governor to take appropriate measures within their power to advise the United States Trade Representative of the recommendations of the general court.

M.G.L. c. 23A, § 13L Foreign offices for international trade; establishment; location; functions; list of import or export businesses; publicity; technical assistance; foreign trade information, publication

c. 23A, § 13L. Foreign offices for international trade; establishment; location; functions; list of import or export businesses; publicity; technical assistance; foreign trade information, publication Section 13L. (a) The executive director of the international trade office may establish 1 or more foreign offices for international trade. The foreign offices may be located in any country that the executive director of the international trade office determines to be best suited as a location for the furthering of foreign trade opportunities for the businesses of the commonwealth. The foreign offices shall encourage and further trade between foreign businesses and businesses in the commonwealth. The foreign offices shall also promote investment opportunities in the commonwealth for foreign businesses in order to encourage the location and establishment of such businesses within the commonwealth. For the purposes of furthering foreign trade and investment, the foreign offices, subject to appropriation and approval by the executive director of the trade international office, may contract for such advertising and other communication services as may be necessary. The foreign offices shall maintain an updated list of businesses in the commonwealth and foreign businesses which are or might become active in the import or export of their products and services. The executive director shall consult with the Massachusetts office of business development and the regional economic development organizations designated under section 3K in order to ensure that the businesses and assets of all regions of the commonwealth are included in such lists. The foreign office may also provide additional information and assistance to businesses in the commonwealth that desire to export their goods and services. The foreign offices shall maintain and give suitable publicity to an updated list of available sites for the location of foreign based businesses in the commonwealth. The foreign offices may make available technical assistance to foreign businesses interested in the establishment of plants or facilities in the commonwealth. (b) The foreign offices shall, on a regular basis, make all foreign trade information available to the executive director of the international trade office, who shall publish and furnish such information to regional economic development organizations designated under section 3K and to businesses and corporations in the commonwealth which might be interested in, or benefit from the utilization of such information. The executive director of the international trade office may charge a fee not to exceed the actual printing costs for such information, except that no fee shall be charged to regional economic development organizations designated under section 3K.

M.G.L. c. 23A, § 13M Foreign offices for international trade; directors; appointment; qualifications

c. 23A, § 13M. Foreign offices for international trade; directors; appointment; qualifications Section 13M. There shall be a director of each foreign office appointed by the executive director of the international trade office, who shall be a person with at least 2 years of experience in international trade, having had administrative or business experience in the country where the office is located, who shall be fluent in at least 2 languages and who may be a foreign national. The director shall not be subject to chapter 31 or section 9A of chapter 30.

M.G.L. c. 23A, § 13N Foreign offices for international trade; leasing of office space and equipment

c. 23A, § 13N. Foreign offices for international trade; leasing of office space and equipment Section 13N. The executive director of the international trade office may, subject to appropriation, enter into leases for office space as may be necessary and to purchase or lease equipment as may be needed for the operation of foreign offices.

M.G.L. c. 23A, § 13O Foreign offices for international trade; acceptance of funds

c. 23A, § 13O. Foreign offices for international trade; acceptance of funds Section 13O. The executive director of the international trade office may accept funds in the name of the international trade office and the foreign offices from private and public groups, agencies and persons, which shall be held in trust for use by the treasurer of the partnership as custodian.

M.G.L. c. 23A, § 13P Foreign offices for international trade; financial report

c. 23A, § 13P. Foreign offices for international trade; financial report Section 13P. The executive director of the international trade office and the director of any foreign office shall annually file a financial report with the clerks of the house of representatives and the senate and the joint legislative committee on economic development and emerging technologies on the operation and activities of the office. The report shall include a complete evaluation of the results of the activities of the foreign offices and its effects on the business economy of the commonwealth, including the areas of the export of goods and services and in the location of foreign businesses in the commonwealth.

M.G.L. c. 23A, § 13Q International trade office; provision of technical assistance

c. 23A, § 13Q. International trade office; provision of technical assistance Section 13Q. The international trade office shall contract with the Massachusetts export center to provide technical assistance to companies operating in the commonwealth that export products to other countries.

M.G.L. c. 23A, § 13R International trade office; advisory council

c. 23A, § 13R. International trade office; advisory council Section 13R. The executive director of the international trade office may establish an advisory council to assist and advise the director on matters related to the administration and evaluation of the international trade programs provided through the international trade office.

M.G.L. c. 23A, § 13S International trade office; evaluation of impact of state laws and regulations

c. 23A, § 13S. International trade office; evaluation of impact of state laws and regulations Section 13S. The executive director of the international trade office, or staff hired by said executive director, shall evaluate the continuing impacts on state laws and regulations of international trade policy and international trade agreements, examine proposed international trade agreements, maintain active communications with any individual or entity, as the commission deems appropriate, regarding ongoing developments in international trade agreements and policy; and examine any aspects of international trade, international economic integration and international trade agreements that the members of the commission deem appropriate. For the purposes of this section, ''international trade agreement'' shall include any international trade or investment agreement or treaty including, but not limited to, the North American Free Trade Agreement, the Central American Free Trade Agreement and agreements concluded by the World Trade Organization.

M.G.L. c. 23A, § 13T Massachusetts Tourism Trust Fund

c. 23A, § 13T. Massachusetts Tourism Trust Fund Section 13T. (a) There shall be a Massachusetts Tourism Trust Fund which shall be administered by the Massachusetts marketing partnership established in section 13A and held by the partnership separate and apart from its other funds. There shall be credited to the fund $10,000,000 from the room occupancy excise imposed by section 3 of chapter 64G and section 22 of chapter 546 of the acts of 1969. (b) There shall also be credited to the fund all revenue as designated under the Gaming Revenue Fund pursuant to subclause (b) of clause (2) of section 59 of chapter 23K. (c) All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the fund in the subsequent fiscal year. (d) Money in the fund shall be applied as follows: (i) 40 per cent to the Massachusetts marketing partnership; and (ii) 60 per cent to regional tourism councils. (e) The partnership shall submit an annual report to the clerks of the senate and house of representatives and the joint committee on tourism, arts and cultural development not later than December 31 on the cost-effectiveness of the fund. The report shall be made available on the office of travel and tourism's website. The report shall include: (i) expenditures made by the partnership from money out of the fund to promote tourism; (ii) expenditures made by the partnership for administrative costs; (iii) expenditures made by the regional tourism councils to promote tourism; and (iv) expenditures made by the regional tourism councils for administrative costs.

M.G.L. c. 23A, § 13U Women's rights history trail

c. 23A, § 13U. Women's rights history trail Section 13U. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Executive director'', the executive director of the office of travel and tourism under section 13E. ''Secretary'', the secretary of transportation under chapter 6C. (b) Notwithstanding any general or special law to the contrary, the executive director, in conjunction with the secretary, shall develop and implement a women's rights history trail program that shall include, but not be limited to: (i) designating properties and sites that are historically and thematically associated with the fight for women's rights and women's suffrage; and (ii) promoting education and awareness of the history of women's rights in the commonwealth. (c) The executive director and the secretary shall produce and make available appropriate educational materials regarding the women's rights history trail program, which may include, but shall not be limited to: (i) handbooks; (ii) maps; (iii) exhibits; (iv) uniform signs; (v) interpretive guides; and (vi) electronic information. (d) The executive director shall develop vacation itineraries based on the women's rights history trail program that shall identify: (i) surrounding attractions; (ii) restaurants; (iii) farms; (iv) lodging; and (v) any other exhibit or place that may be part of the historical theme linking the properties and sites in the women's rights history trail program. (e) The secretary may erect and maintain signs on the state highway system or trails designated pursuant to this section; provided, however, that any state highway or trail designation shall be of a ceremonial nature and the official name of any such highway or trail shall not be changed as a result of such a designation.

M.G.L. c. 23A, § 13V Massachusetts-Ireland trade commission

c. 23A, § 13V. Massachusetts-Ireland trade commission Section 13V. (a) There shall be a commission, within the international trade office, on Massachusetts-Ireland trade which shall evaluate the economic interests of, and review ways to strengthen the relationship between, the commonwealth and the Republic of Ireland. The commission shall study, research, analyze and make recommendations related to: (i) bilateral trade and investments between the commonwealth and the Republic of Ireland; (ii) policy issues of interest to the commonwealth; (iii) business and academic exchanges between the commonwealth and the Republic of Ireland; (iv) mutual economic support; (v) investments in the infrastructure of the commonwealth and the Republic of Ireland; (vi) the creation of economic and educational opportunities for aid to communities in the commonwealth and the Republic of Ireland; and (vii) other related issues as the commission deems necessary. (b)(1) The commission shall consist of the following 15 members: 3 past or current members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house of representatives; 3 past or current members of the senate, 2 of whom shall be appointed by the president of the senate and 1 of whom shall be appointed by the minority leader of the senate; the state secretary or a designee; the secretary of economic development or a designee; the executive director of the Massachusetts office of international trade and investment; and 6 members appointed by the governor, 3 of whom shall be from institutions of higher education in the commonwealth and 3 of whom shall be members of public organizations in the commonwealth promoting Irish American affairs. All commission members shall be persons with knowledge of, or current or past experience related to, Irish American affairs. Annually, the commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it deems necessary. (2) The members of the commission shall receive no compensation for their services but shall be reimbursed for necessary traveling expenses incurred in the performance of their duties. (c) The commission shall hold meetings at places it designates throughout the commonwealth, including diverse geographic locations. (d) A majority of the members of the commission shall constitute a quorum for the transaction of business of the commission. (e) Annually, not later than August 31, the commission shall submit a report of its findings, together with recommendations for any legislation, to the governor, the clerks of the house of representatives and the senate and the chairs of the joint committee on economic development and emerging technologies.

M.G.L. c. 23A, § 13W Sports and Entertainment Events Fund

c. 23A, § 13W. Sports and Entertainment Events Fund [ Text of section added by 2025, 73, Sec. 11 effective November 25, 2025.] Section 13W. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Sports and Entertainment Events Fund, which shall be administered by the office of travel and tourism established in section 13F. The fund shall be credited with: (i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on money in the fund. The unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall remain available for expenditure in subsequent fiscal years. (b)(1) Amounts credited to the fund shall be expended, without further appropriation, for a competitive matching grant program administered by the office of travel and tourism for major sports or entertainment events to provide: (i) event services; (ii) sports development; (iii) sports marketing; or (iv) construction, functioning or operation of a sports or entertainment event; provided, however, that in evaluating grant applications, priority shall be given to applicants based upon expected return-on-investment and that clearly identify direct and indirect economic impacts on the tourism industry in the commonwealth and help promote the commonwealth in national and international media; and provided further, that no grant award shall provide more than half of the balance of the fund to any 1 recipient in any calendar year; and provided further, that the office of travel and tourism shall require a match of not less than one-to-one for any grants issued from the fund. (2) Grants under this section shall be awarded in a manner that promotes geographic equity. (c)(1) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) shall require an applicant to provide complete and accurate responses and disclosures for itself and for any contractors or vendors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and any contractors or vendors it utilizes have complied with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the last 3 calendar years; (ii) certification that the applicant and any contractors or vendors it utilizes are currently, and shall remain, in compliance with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the duration of the services or labor; (iii) a disclosure by the applicant as to whether it and any contractors and vendors it utilizes to support sports or entertainment events have previously contracted with a labor organization, as defined by chapter 150A and section 2 of the National Labor Relations Act, in the commonwealth or elsewhere; and (iv) a disclosure by the applicant of its plans for assuring labor harmony for the duration of work to support sports or entertainment events both separately and in conjunction with its contractors and vendors. (2) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) for any construction on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for itself and any contractors or sub-contractors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and any contractors and sub-contractors are in compliance with the commonwealth's public procurement and bidding statutes, pursuant to chapters 30, 149 and 149A; (ii) disclosures in which the applicant shall specify whether it and any contractors and subcontractors on the project participates in a state or federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 calendar years; (iii) a requirement that the applicant provide a statement of intent concerning the extent to which the applicant and any contractors and sub-contractors on the project intend to utilize apprentices on the project if a grant is awarded; and (iv) certification that the applicant and any contractors or sub-contractors have not been debarred by the federal government or the commonwealth. (3) Any grant awarded pursuant to clauses (i) or (iv) of paragraph (1) of subsection (b) for the procurement of services, labor, equipment or supplies pursuant to chapter 30B on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for the applicant and any vendors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and each of its vendors are in compliance with chapter 30B; (ii) disclosures in which the applicant shall specify whether it and each of its vendors on the project has established or participates in workforce development programs within the commonwealth and the number of residents of the commonwealth the workforce development programs have trained to completion for each of the last 5 years; and (iii) a statement of intent concerning the extent to which the applicant and its vendors intend to utilize workers in the commonwealth to fulfill services and labor requirements. (4)(A) All applicants shall timely provide the documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) as part of their initial application. Failure to provide the documentation, certifications and disclosures shall disqualify the applicant from receiving grant funding. (B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism. (B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism. (C) Failure to cure deficiencies shall result in termination. (D) A successful applicant's willful failure to provide accurate documentation, certification and disclosures pursuant to paragraphs (1), (2) and (3) shall result in permanent termination of grant funding and shall trigger the return of all funds awarded within 30 days. (5) The attorney general shall enforce this subsection for any project awarded a grant pursuant to this section. (d) Annually, not later than January 1, the office of travel and tourism shall submit a report to the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development providing: (i) the number of grant awards; (ii) the geographic location of the grant award; (iii) the dollar amount of the grant awards; (iv) data pertaining to return-on-investment; and (v) information and analysis pertaining to the impacts on the economy in the region receiving the grant award and the commonwealth overall.

M.G.L. c. 23A, § 14 Financial assistance program for tourist promotion agencies

c. 23A, § 14. Financial assistance program for tourist promotion agencies Section 14. The office of travel and tourism is hereby directed, subject to appropriation, to establish a program for financial assistance to those public or nonprofit agencies which promote or provide services for tourism, convention, travel and recreation in the commonwealth. Funds shall be granted to agencies listed in section six of chapter six hundred and thirty-six of the acts of nineteen hundred and sixty-four with the addition of the Bristol County Development Council, Inc., Franklin County Chamber of Commerce, the Greater Boston Convention and Visitors Bureau, Inc., North of Boston Tourist Council, Pioneer Valley Convention and Visitors Bureau, Plymouth County Development Council, Inc., Worcester Regional Tourism and Visitors Corporation, the MetroWest Tourism and Visitors Bureau, the Johnny Appleseed Trail Association, Inc., the Hampshire County Tourism and Visitors Bureau, 1 Berkshire Strategic Alliance Inc., and Northern Middlesex Chamber of Commerce and to any other public or nonprofit agency which has been in operation for two consecutive years prior to application for funds under this section and which spends fifteen thousand dollars in its fiscal year on tourism or a public or nonprofit agency which has a total budget larger than the average of Massachusetts tourist promotion agencies as estimated by the executive director of tourism and which spends twenty-five percent of said budget on tourism. Funds shall be used to strengthen efforts of tourism, convention, travel and recreation agencies to attract and service visitors to the commonwealth and to better manage and distribute the influx of said visitors. The amount of funds received by any one agency shall be based on, but shall not be limited to, the following criteria: (1) geographical size and population served by such agency; (2) amount of matching funds from nongovernmental sources; (3) Assurance that the funded proposal will be in addition to the work currently being done by the agency and that the agency will maintain a continued effort of the funded program; (4) demonstrated effectiveness of agency; (5) integration of agency's tourism promotion plans with other private and public agency plans. [ Fourth paragraph effective until July 1, 2025. For text effective July 1, 2025, see below.] No funds may be spent for travel, entertainment, or purchase of equipment under this section. [ Fourth paragraph as amended by 2025, 9, Sec. 10 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.] No funds may be spent for travel, entertainment, or purchase of equipment under this section; provided, however, that this restriction shall not apply to matching funds from nongovernmental sources or to funds expended for attendance and participation in trade shows to promote tourism, convention, travel and recreation in the commonwealth or to host tour operators and media visits to the commonwealth. Tourism is hereby authorized to make grants to agencies to assist such agencies in planning and carrying out their promotional programs and projects; provided, that before any such grant may be made; (1) the agency shall have made application to tourism for such grant, and shall have set forth the program proposed to be undertaken for the purpose of encouraging and stimulation tourist, convention, visitor and vacation business. The application shall further state, with evidence satisfactory to tourism, the amount of nongovernmental funds held by or committed or subscribed to the agency for application to the proposals herein described and the amount of the grant for which application is made; (2) tourism, after review of the application, shall be satisfied that the program of the agency appears to be in accord with the purpose of this section, and shall authorize the making of a grant to such agency; (3) the maximum received by a private nonprofit agency shall be no greater than the amount received by that agency from nongovernmental sources. Any agency receiving funds under this section shall make a report to the house and senate committees on ways and means on the use of said funds at such time and in such form as the executive director of tourism shall specify. The executive director of tourism shall establish guidelines in which to regulate the dispersal of funds under this section.

M.G.L. c. 23A, § 28A Corporations; foreign trade zones

c. 23A, § 28A. Corporations; foreign trade zones Section 28A. Any public, private or nonprofit corporation, existing under the laws of the commonwealth, may, subject to the approval of the city council in a city, the town council in a town having a town council, and the town meeting in any other town, apply for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with the provisions of section 81a to 81u, inclusive, of Title 19 of the United States Code Annotated, known as the Foreign Trade Zone Act. Notwithstanding any other provision of this section, the greater Fall River area, which shall include the city of Fall River and the towns of Swansea, Westport and Somerset, shall be authorized to make application to the federal foreign trade zone board.

M.G.L. c. 23A, § 56 Economic coordination of quasi-public entities and public purpose agencies by secretary of economic development

c. 23A, § 56. Economic coordination of quasi-public entities and public purpose agencies by secretary of economic development Section 56. (a) The secretary of economic development shall coordinate the quasi-public entities and public purpose agencies of the commonwealth as to their economic development projects, programs and plans. (b) The secretary shall aggregate the data submitted under subsection (i) of section 16G of chapter 6A and shall, not later than December 31, submit an annual report to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on small business and community development and the joint committee on higher education. The report shall include an analysis of all public lending activities to businesses with an assessment of the economic impact of those activities and an analysis evaluating public lending to small businesses as defined in section 57. (c) In order to fully utilize all appropriate measures to provide risk capital to small businesses in the commonwealth, the Massachusetts Development Finance Agency and the Massachusetts Technology Development Corporation may establish 1 or more small business investment corporations or special small business investment corporations as provided by the federal Small Businesses Equity Enhancement Act of 1992. (d) The books and records of the quasi-public entities and public purpose agencies of the commonwealth under this section shall be subject to section 12 of chapter 11 and an annual audit conducted by an independent auditor. The results of both audits shall be published in conjunction with the publication of audited financial statements. (e) The secretary of economic development shall from time to time convene the Massachusetts Life Sciences Center established in chapter 23I, the Massachusetts clean energy technology center established in chapter 23J, the Massachusetts Technology Development Corporation established in chapter 40G, the Massachusetts Technology Park Corporation established in chapter 40J, the Massachusetts Technology Transfer Center established in section 12 of said chapter 40G and the Massachusetts Business Development Corporation established in chapter 671 of the acts of 1953, for the purpose of ensuring that: (1) the agencies' projects, programs and plans are coordinated and consistent with this section; (2) the agencies are sharing administrative functions for efficiencies and cost saving measures; (3) the agencies are sharing information that is beneficial to the growth and expansion of technology related companies in the commonwealth; and (4) the agencies are sharing best practices related to assisting technology related companies with debt and equity products and technical assistance.

M.G.L. c. 23A, § 57 Definitions applicable to Secs. 57 and 58; small business capital access program

c. 23A, § 57. Definitions applicable to Secs. 57 and 58; small business capital access program Section 57. (a) For the purposes of this section and section fifty-eight the following terms shall, unless the context clearly requires otherwise, have the following meaning: ''Agency'', the Massachusetts office of business development. ''Borrower'', any business that receives a loan with respect to which a reserve is created in accordance with this section. ''Business'', the carrying on of any business activity for profits, whether as corporation, partnership, sole proprietorship or otherwise. ''Financial institution'', any bank, trust company, savings bank, savings and loan association or cooperative bank chartered by the commonwealth or any national banking association, federal savings and loan association or federal savings bank; provided, however, that the financial institution has its principal office, located in the commonwealth. ''Loan'', without limitation, a sale and lease back, a financial lease, a conditional sale or any other arrangement that is in the nature of a loan. ''Participating financial institution'', any financial institution participating in the program established by this section. ''Program'', the small business capital access program established by this section. ''Small business'', a business entity, including its affiliates, that: (i) is independently owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would be defined as a ''small business'' under applicable federal law, as established in the United States Code and promulgated from time to time by the United States Small Business Administration. (b) Each time a participating financial institution originates a loan to a small business borrower after the effective date of this section, said institution shall set aside an amount specified by the agency or its agent, referred to in paragraph (a) of section fifty-eight, which amount shall not be less than one and one-half percent nor more than three and one-half percent of the principal amount of the loan, into a loss reserve which said institution shall maintain applicable to all such loans by said institution to small business borrowers pursuant to the program. (c) At the time of the making of such loan to a small business borrower, the participating financial institution shall obtain from said borrower an amount equal to the reserve contribution made by the participating financial institution with respect to such loan as provided in paragraph (b) and shall set aside such amount into said loss reserve maintained by the participating financial institution applicable to all such loans by said participating financial institution to borrowers pursuant to the program. The participating financial institution may obtain such amount as payment from the borrower or may advance the amount to the borrower as part of the loan. (d) After such loan to a small business borrower has been made, the participating financial institution shall certify to the agency or its agent, in such fashion and with such supporting information as the agency or its agent shall prescribe, that it has made such loan and has set aside its contribution and the equal contribution of the borrower into said loss reserve. (e) The agency or its agent shall, after such certification as provided in paragraph (d) transfer to the participating financial institution an amount equal to the total of the contributions of the participating financial institution and the borrower or such additional amount up to one hundred and fifty percent of such contributions as determined by the agency or its agent, and the participating financial institution shall set aside such amount so received into said loss reserve. (f) In the event the participating financial institution suffers a loss on any such loan, it may in its discretion draw upon the funds in such loss reserve to repay the loan in whole or in part. (g) All amounts set aside by the participating financial institution into said loss reserve shall be deposited by it in an account at said institution. All earnings or interest on said loss reserve account shall be added to the principal of said loss reserve account and held as additional loss reserve; provided, however, that the agency or its agent may require at any time and from time to time that a portion or all of the accrued earnings or interest remaining in said loss reserve account be paid to the agency or its agent to be used to defray the costs of administering the program. (h) Any loan made under this program shall be used predominantly for business activities within the commonwealth. (i) No loan or loans in an aggregate principal amount in excess of $500,000 shall be provided to a borrower under the program and no small business borrower under the program shall be provided a loan under the program for passive real estate purposes. (j) Any financial institution desiring to become a participating financial institution shall execute an agreement in such form as the agency or its agent may prescribe, which agreement shall contain the terms and provisions set forth in subsections (a) to (i), inclusive and such other terms and provisions as the agency or its agent may deem necessary or appropriate.

M.G.L. c. 23A, § 58 Massachusetts business development corporation; administration of small business capital access program

c. 23A, § 58. Massachusetts business development corporation; administration of small business capital access program Section 58. The agency is hereby authorized to do the following: (a) to enter into a contract with the Massachusetts business development corporation, hereinafter referred to as MBDC, established under the provisions of chapter six hundred and seventy-one of the acts of nineteen hundred and fifty-three, to act as the agent of the agency with respect to the administration of the program. Said contract: (1) shall be for a period of two years and shall be renewed for additional two year periods subject to the requirements of paragraph (b) of this section; and (2) shall provide for compensation and reimbursement of the agent on terms the agency may deem appropriate for the administration of said program for any expenses incurred by the MBDC in connection with its services as agent and for such other services as the agency may deem appropriate including, but not limited to the use of the premises, personnel and personal property of the MBDC. (b) conduct an annual review and assessment of the performance of the MBDC in its capacity as agent for the agency to determine whether the contract referenced in paragraph (a) should be renewed for an additional two year period. Said review shall be based on whether the MBDC has satisfactorily met the terms and conditions of the contract. Upon an initial determination by the agency that the MBDC's performance is unsatisfactory, the MBDC shall be given the opportunity to take corrective action. If, upon a final review of the MBDC's performance the agency continues to conclude that the MBDC's performance is unsatisfactory, it shall submit to the joint committee on commerce and labor its recommendation to terminate the contract with MBDC and transfer the contract to another agency. (c) to make and publish rules and regulations respecting the implementation of the small business capital access program established by this section and any other rules and regulations necessary to fulfill the purposes of this section; and (d) to do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this section.

M.G.L. c. 23A, § 59 Code of corporate standards relative to the People's Republic of China; definitions

c. 23A, § 59. Code of corporate standards relative to the People's Republic of China; definitions Section 59. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Person'', any individual and any partnership, firm, association, corporation, or other entity, or their subsidiaries; ''State agency'', all awarding authorities of the commonwealth, including, but not limited to, all executive offices, agencies, departments, commissions, and public institutions of higher education, and any office, department or division of the judiciary; ''State authority'', shall include, but not be limited to the Bay State Skills Corporation, centers of excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, government land bank, Massachusetts Bay Transportation Authority, Massachusetts Business Development Corporation, Massachusetts Capital Resource Company, Massachusetts Convention Center Authority, Massachusetts Corporation for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Higher Education Assistance Corporation, Massachusetts Housing Finance Agency, Massachusetts Horse Racing Authority, Massachusetts Industrial Finance Agency, Massachusetts industrial service program, Massachusetts Legal Assistance Corporation, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Department of Transportation, Massachusetts Water Resources Authority, Nantucket land bank, New England Loan Marketing Corporation, pension reserves investment management board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, victim and witness board, and the Woods Hole, Martha's Vineyard, and Nantucket Steamship Authority. (b) Any person who receives any economic development funds from a state agency or state authority shall sign a statement agreeing to comply with a code of corporate standards relative to any business interest in or involvement with or in the People's Republic of China. The director of MOBD shall prepare a form for setting forth such standards which shall include, at a minimum, adherence to the following principles: (1) seek to ensure employment policies that do not entail discrimination based on sex, religion, ethnic or national background, political belief, nonviolent political activity, or political party membership; (2) ensure, through consultation with relevant government authorities where appropriate, that methods of production used do not pose an unnecessary physical danger to workers, to neighboring populations and property, and to the surrounding environment; (3) ensure that no convict or forced labor under penal sanctions is knowingly used; (4) ensure that no goods that are mined, produced, or manufactured, in whole or in part, by convict or forced labor under penal sanctions are knowingly used; (5) undertake to encourage freedom of assembly, association and expression, including without limitations, prevention of the termination of individuals who express political opinions whether or not at the workplace; (6) discourage compulsory political indoctrination on the premises of the workplace; and (7) when the opportunity arises, attempt to raise with the relevant agencies of the Chinese government those individuals detained, arrested, or convicted since June nineteen hundred and eighty-nine solely for nonviolent expression of their political views, or for peaceful religious or labor activity.

M.G.L. c. 23A, § 60 Massachusetts office of business development; loans for environmental response actions necessary for redevelopment of properties for business purposes; redevelopment access to capital fund

c. 23A, § 60. Massachusetts office of business development; loans for environmental response actions necessary for redevelopment of properties for business purposes; redevelopment access to capital fund Section 60. (a) For the purposes of this section and section 61 the following terms shall, unless the context clearly requires otherwise, have the following meaning: ''Agency'', the Massachusetts office of business development, or its successor, or its designated agent. ''Borrower'', any business or governmental subdivision of the commonwealth that receives a loan with respect to which a reserve is created in accordance with this section. ''Business'', the carrying on of any business activity in the commonwealth for profit, or not for profit as specified under chapter 180, whether as a corporation, partnership, limited liability company, trust, sole proprietorship, or otherwise. ''Default'', a failure of a borrower to meet the obligations of a loan agreement as a result of the discovery of unanticipated environmental response costs, provided that a default shall not exist where the agency determines that there are program resources available for a project that are adequate to cover said unanticipated environmental costs and that a project would continue to be economically viable with the expenditure of such resources. ''Environmental contamination'', oil or hazardous material, as defined in section 2 of chapter 21E that is released on one or more properties located within the commonwealth. ''Environmental response action'', an action to assess, contain or remove, as those terms are defined in section 2 of chapter 21E, oil or hazardous material, in compliance with the requirements of said chapter 21E and the regulations promulgated pursuant thereto. ''Financial institution'', any bank, as defined in section 1 of chapter 167 or any national banking association, federal savings and loan association or federal savings bank or any other financial institution authorized to make loans in the commonwealth and approved by the agency for the purposes of this program. ''Fund'', Redevelopment Access to Capital Fund, established pursuant to subsection (i) and any earnings derived therefrom, held by the agency or its agent for the implementation and administration of the program. ''Loan'', without limitation, a conventional loan, a sale and lease back, a financial lease, a conditional sale or any other arrangement that is in the nature of a loan and with respect to which a reserve is created in accordance with this section. ''Participating financial institution'', any financial institution participating in the program established by this section. ''Program'', the redevelopment access to capital program. ''Site'', a place or area where oil or hazardous material has been released, as further defined in section 2 of chapter 21E. ''Unanticipated environmental costs'', new environmental costs that were not known or anticipated at the time of originating a loan to a borrower pursuant to this section, including but not limited to environmental response action costs or costs that result from a change in state or federal rules or regulations. (b) A participating financial institution may originate a loan to a borrower pursuant to the program to be used within the commonwealth exclusively for environmental response actions necessary for the redevelopment of one or more properties for business purposes. Prior to the origination of such loan the agency shall determine that the loan to the borrower is not otherwise available on reasonable terms from private sources or other state, federal, or local programs. At the time of making such loan to a borrower, the participating financial institution shall place a specified amount into the fund in accordance with the agreement described in subsection (k). The participating financial institution may obtain all or a portion of the specified amount from its own funds, or as payment from the borrower, or may advance the specified amount to the borrower as part of the loan. (c) At the time of making such loan to a borrower, the participating financial institution shall obtain from said borrower an amount equal to the amount specified by the agency in accordance with the agreement described in subsection (k) and shall place such specified amount into said fund. The participating financial institution may obtain all or a portion of the specified amount as payment from the borrower or may advance the specified amount to the borrower as part of the loan. (d) After such loan to a borrower has been made, the participating financial institution shall certify to the agency, in such fashion and with such supporting information as the agency shall prescribe, that it has made such loan and has placed the specified amount required pursuant to subsection (b) and the equal specified amount required of the borrower pursuant to subsection (c) into said fund. (e) The agency shall, after a certification is provided pursuant to paragraph (d), transfer to the fund an amount equal to the total of the specified amounts of the participating financial institution and the borrower or such additional amount, as determined by the agency. (f) The agency may enter into contracts to insure borrowers against unanticipated environmental costs and defaults. Proceeds of such insurance may be used to pay for such unanticipated environmental costs or to pay for loan losses pursuant to subsection (h) and in accordance with the agreement described in subsection (k). The agency may use monies from the fund to purchase such insurance policies and pay deductibles for such insurance policies. The agency may require the participating financial institution to require a borrower to pay a portion of the unanticipated environmental costs, the required amount to be determined pursuant to the agreement described in said subsection (k). (g) Upon obtaining knowledge that the borrower has incurred or will incur unanticipated environmental costs that will result in a cost overrun, the borrower shall notify the participating financial institution and the participating financial institution shall notify the agency of the anticipated amount and the reasons for the cost overrun. (h) In the event unanticipated environmental response costs arise, the financial institution, subject to the agreement executed pursuant to subsection (f), may in its discretion and with the concurrence of the agency, draw upon the fund or access available insurance benefits, minus applicable deductions, to pay such costs. In the event the participating financial institution determines that there is a default on a loan made pursuant to this program, the financial institution, with the concurrence of the agency, may draw upon the fund or insurance to satisfy the loan. No payments from insurance or from the fund for unanticipated environmental response costs or for default loan losses shall be paid until all funds originally allocated to remediation have been spent. The agency may recover funds disbursed pursuant to this program through subrogation and may place a lien on the land remediated with fund assets, but may not commence or cause another to commence a foreclosure procedure. (i) There is hereby established within the agency the Redevelopment Access to Capital Fund which shall be considered an expendable trust fund on the books of the commonwealth and, to which shall be credited monies contributed by the commonwealth, the borrower, and participating financial institutions pursuant to this section including any appropriations or other monies authorized by the general court and specifically designated to be credited to said fund and any grants, gifts or any other monies directed to the fund. All monies credited under this subsection shall remain in said Redevelopment Access to Capital Fund, not subject to appropriation, to meet the obligations of the program set forth in this section. The agency shall not utilize said monies for any purpose other than the redevelopment access to capital fund as established herein. Deposits to the fund shall be made in accordance with section 34 of chapter 29 in such manner as will secure the highest interest rate available consistent with safety of the fund and with the requirement that all amounts on deposit be available for immediate withdrawal at any time. The fund shall be expended only for the purposes of this section at the direction of the agency and any unexpended balances shall be redeposited, as herein provided, for future use consistent with this section. All earnings or interest on said fund account shall be added to the principal of said fund account and held as additional funds for the program, except as provided in subsection (j). (j) The agency may require at any time and from time to time that in accordance with the provisions of paragraphs (a) and (c) of section 61, a portion of the accrued earnings or interest remaining in said fund account be paid to the agency to be used to defray the costs of administering the program. (k) Any financial institution desiring to become a participating financial institution shall execute an agreement in such form as the agency may prescribe, which agreement shall contain the terms and provisions set forth in subsections (a) to (j), inclusive, and such other terms and provisions as the agency may deem necessary or appropriate.

M.G.L. c. 23A, § 60A Definitions for Secs. 60B and 60C

c. 23A, § 60A. Definitions for Secs. 60B and 60C Section 60A. As used or referred to in sections 60B to 60C, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:- (a) ''Eligible section of substantial poverty'', a section of one or more cities or towns of the commonwealth which (a) is designated as having ''sections of concentrated unemployment or underemployment'' by the United States Secretary of Labor, or (b) is part of a standard metropolitan statistical area of over 250,000 persons and contains 1 or more poverty areas as defined by the latest official United States decennial census, or (c) is part of a standard metropolitan statistical area of less than 250,000 persons but contains 1 or more ''poor tracts'' as defined by the latest official United States decennial census using a five-factor analysis, except that for the purposes of this definition the ''poor tract'' will be defined as one falling in the lowest quartile of all United States census tracts in Massachusetts cities with populations of 50,000 or more. (b) ''Approved training or assistance program'', a federal, state or private training or rehabilitation program which has been certified as an approved program by the Massachusetts office of business development. (c) ''Eligible business facility'', a place of business of a corporation subject to the excise imposed under sections thirty to fifty-one, inclusive, of chapter sixty-three or a place of business located in a commercial center revitalization district which place of business is located in a city or town containing one or more eligible sections of substantial poverty or located in a city or town contiguous thereto and for which a certificate of eligibility has been issued by the Massachusetts office of business development. A facility for which such a certificate is issued shall be deemed an eligible business facility only during the taxable year or as of the taxable status date to which such certificate relates. (d) ''Resident'', an individual who is domiciled in an eligible section of substantial poverty. (e) ''Commercial center revitalization district,'' a predominantly commercial geographic area in a city or town with one or more eligible sections of substantial poverty, which area is bounded and described in a commercial area revitalization plan adopted by the governing body of the city or town and approved by the secretary of economic development. The purposes of a commercial revitalization plan shall be to prevent or arrest and reverse the decay of the area covered by the plan. The plan shall describe the area and set forth the development or redevelopment, including public improvements, proposed to carry out the purposes of the plan. In exercising the power of approval of a commercial area revitalization plan, the secretary of economic development shall seek to avoid and correct the deterioration of older commercial districts which results from the movement of commercial enterprise to previously non-commercial areas.

M.G.L. c. 23A, § 60B Employment assistance and training program

c. 23A, § 60B. Employment assistance and training program Section 60B. The Massachusetts office of business development shall, subject to appropriation, initiate, organize, develop and coordinate an employment assistance and training program designed to enlarge and improve the skills of the work force, especially those within urban areas containing sections of substantial poverty. In the development of such a program, the Massachusetts office of business development shall coordinate with all existing state agencies including, but not limited to, the executive office of labor and workforce development, the and the executive office of education, and with any similar training programs sponsored, directed or funded by the federal government operating within the commonwealth. The office of business development shall, from time to time, determine and designate eligible sections of substantial poverty and it shall approve and certify the training or assistance programs which are to be utilized or undertaken by an eligible business facility. The Massachusetts office of business development may promulgate regulations to implement this section, including the criteria for a business facility to become an eligible business facility and the requirements to renew a certificate of eligibility.

M.G.L. c. 23A, § 60C Certification as eligible business facility; application; taxable year; term limit; real estate affected and jobs created; revocation

c. 23A, § 60C. Certification as eligible business facility; application; taxable year; term limit; real estate affected and jobs created; revocation Section 60C. (a) Any corporation, with respect to any business facility which it owns or operates may file with the office of business development an application for a certificate that such facility is an eligible business facility. Such application shall be in such form and shall contain such information, exhibits and supporting data as the office may prescribe. If the office finds that a business facility described in an application for a certificate of eligibility meets the requirements established in regulation, it shall issue such certificate; provided, however, that no such certificate shall be issued for a facility which is located in a commercial center revitalization district unless the director of the office of business development shall have certified the facility to be consistent with the plan establishing that district. (b) Such certificate shall specify, for the purposes of the corporation excise law, the taxable year to which it relates. The facility described in a certificate of eligibility shall not be deemed an eligible business facility for the purposes of said law in any subsequent taxable year unless the certificate is renewed to relate to such subsequent year. A renewal may be granted for more than 1 year and successive renewals may be granted. (c) The maximum number of years for which eligibility may be certified under any certificate, including all renewals, shall be 10. (d) A certificate of eligibility and any renewal thereof shall specify and identify the real estate of the eligible business facility to which it relates and, by appropriate designation, the jobs created or retained in an eligible area by the business facility described in such certificate, during the taxable year to which such certificate or renewal relates. (e) The office of business development shall transmit a copy of every certificate of eligibility and every renewal thereof to the commissioner of revenue. (f) The office of business development may, after a hearing, revoke a certificate of eligibility if the office finds that the facility therein described fails in any respect to meet the eligibility criteria. Such revocation may be ordered if the application for the certificate and other information supplied by the applicant failed to fully and fairly disclose the facts relevant to such requirements, or if there has been a material change in circumstances since the date when the certificate of eligibility was issued. In revoking any certificate of eligibility the office shall determine whether the facility was an eligible business facility for any period of time, and if so it shall specify such period of time in its determination, or it may determine that such facility was not an eligible business facility at any time. When a certificate of eligibility is revoked or modified the office shall forthwith notify the commissioner of revenue.

M.G.L. c. 23A, § 61 Massachusetts business development corporation; purpose; powers

c. 23A, § 61. Massachusetts business development corporation; purpose; powers Section 61. The Massachusetts Office of Business Development or its successor, hereinafter referred to as MOBD, is hereby authorized to do the following: (a) Enter into a contract with the Massachusetts Business Development Corporation, hereinafter referred to as MBDC, established under the provisions of chapter 671 of the acts of 1953, to act as the agent of MOBD with respect to the administration of the program. Said contract: (1) shall be for a period of two years and shall be renewed for additional two-year periods subject to the requirements of paragraph (b); and (2) shall provide for compensation and reimbursement of the agent on terms that the MOBD may deem appropriate for the administration of said program for any expenses incurred by the MBDC in connection with its services as agent and necessary for the implementation of the program. (b) Conduct an annual review and assessment of the performance of the MBDC in its capacity as agent for MOBD to determine whether the contract referenced in paragraph (a) should be renewed for an additional two-year period. Said review shall be based on whether the MBDC has satisfactorily met the terms and conditions of the contract. Upon an initial determination by MOBD that the performance of MBDC is unsatisfactory, the MBDC shall be given notice of such determination and an opportunity to take corrective action. If, upon a final review of the MBDC's performance MOBD continues to conclude that the performance of the MBDC is unsatisfactory, it shall, 90 days prior to terminating the contract with MBDC, submit to the joint committee on commerce and labor its recommendation to terminate such contract with MBDC and transfer the contract to another agent. (c) Make and publish rules and regulations respecting the implementation of the redevelopment access to capital program and any other rules and regulations necessary to fulfill the purposes of this section. (d) Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this section.

M.G.L. c. 23A, § 63 MassWorks infrastructure program; public infrastructure grants issued to municipalities

c. 23A, § 63. MassWorks infrastructure program; public infrastructure grants issued to municipalities Section 63. (a) There shall be in the executive office of economic development a MassWorks infrastructure program: (i) to issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair and other improvements to publicly-owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements, public parks and spaces within urban renewal districts and pedestrian and bicycle ways; (ii) for commercial and residential transportation and infrastructure development, improvements and various capital investment projects under the growth districts initiative administered by the executive office of economic development; (iii) to assist municipalities to advance projects that support job creation and expansion, housing development and rehabilitation, community development projects, and small town transportation projects authorized under subsection (e); provided, however, that projects supporting smart growth as defined by the commonwealth's sustainable development principles shall be preferred. (b) Eligible public infrastructure projects authorized by clause (i) of subsection (a) shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants to municipalities for public infrastructure provided by this section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter 30, chapter 30B and chapter 149. (c) There shall be at least 1 open solicitation period each year to accept and consider new applications. Not less than 12 weeks before the annual open solicitation period, the executive office of economic development shall release the criteria upon which the applications shall be judged including, but not limited to, a minimum project readiness standard, overall spending targets by project type, preferences for projects that align with the state's sustainable development principles, and other preferences applying to that funding round. Grants may be made outside of the open solicitation period at the discretion of the secretary of economic development subject to subsections (d) and (e). All grant awards shall be made only after consultation with the appropriate regional planning agency. (d) An eligible city or town, acting by and through its municipal officers or by and through any agency designated by such municipal officers to act on their behalf, may apply to the program for a grant in a specific amount to fund a specified project. Two or more municipalities may apply jointly, with 1 municipality acting as fiscal agent, or through a regional planning agency acting as fiscal agent. The grants may be made in addition to other forms of local, state, and federal assistance. (e) Within the program, at least 10 per cent of the grant funds shall be dedicated annually to assist towns with populations of 7,000 or less in undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate, and otherwise improve roads and bridges or for the construction of chemical storage facilities, that support economic or community development. Such towns shall be eligible for a grant not to exceed $1,000,000. Two or more towns eligible under this subsection may file a joint application for a single project serving those towns; provided, however, the total amount distributed to any 1 town shall not exceed the maximum amount allowed under this section. Receipt of a grant which is part of a joint application shall not preclude a town from receiving additional funds under a separate application. (f) The secretary of economic development may establish rules and regulations to govern the application and distribution of grants under the program. The rules and regulations may include provisions for joint applications by 2 or more eligible towns for a single project serving those towns. (g) The secretary of economic development shall report annually to the clerks of the house of representatives and the senate, who shall forward the report to the houses of representatives and the senate, the chairs of the joint committee on transportation, the chairs of the joint committee on economic development and emerging technologies, the chairs of the senate and house committees on ways and means, and the chairs of the joint committees on state administration and regulatory oversight on the activities and status of the program. The report shall include a list and description of all projects that received grant funds under the program, the amount of the grant awarded to the project, other sources of public funds that supported the project, a detailed analysis of the economic impact of each project including, where applicable, the number of construction and full time equivalent jobs to be created, number of housing units to be created, the private investment in the project and the expected tax revenue generated from the project.

M.G.L. c. 23A, § 64 Massachusetts creative economy network

c. 23A, § 64. Massachusetts creative economy network Section 64. (a) There shall be established within the executive office of economic development a Massachusetts creative economy network, hereinafter referred to as the network, which shall be directed by a state creative economy director. The network shall consist of private, public and non-profit organizations and cultural districts, designated as such under section 58A of chapter 10, engaged in cross-industry collaboration between many interlocking industry sectors that provide creative services including, but not limited to, advertising, architecture, or intellectual property products such as arts, films, electronic media, video games, interactive digital media, multimedia, or design. The creative economy director, in consultation with the creative economy council, established under chapter 354 of the acts of 2008, shall establish criteria for participation in the network. (b) The duties of the network, under the leadership of the creative economy director, shall include: quantifying the creative economy sector and measuring its impact on the commonwealth's economy; creating a mentorship network within the creative economy sector; developing strategies to increase access to traditional market sectors and within state government; developing a certification for Massachusetts creative economy businesses; increasing opportunities to attract private investment to creative economy businesses through venture capital, microlending and other means; and marketing and branding the creative economy sector. (c) The network may accept gifts or grants of money or property from any public, private or non-profit source, which shall be held in trust and used for the purpose of promoting the growth and development of the creative economy sector in the commonwealth. (d) The creative economy director shall file an annual report with the clerks of the house of representatives and senate; the house and senate chairs of the committees on ways and means; the house and senate chairs of the joint committee on economic development and emerging technologies; the house and senate chairs of the joint committee on tourism, arts and cultural development; and the house and senate chairs of the joint committee on community development and small business on or before January 1. The report shall include an overview of the activities of the network, and an update on the number of creative economy businesses in the commonwealth and their impact on the state economy, and an accounting of gifts or grants held in trust by the network and the uses of any funds expended by the trust.

M.G.L. c. 23A, § 65 Massachusetts Food Trust Program

c. 23A, § 65. Massachusetts Food Trust Program Section 65. (a) There shall be within the executive office of economic development a Massachusetts Food Trust Program. The purpose of this program shall be to establish a financing infrastructure that increases access to healthy food options and improves economic opportunities for nutritionally underserved communities in urban, rural and suburban localities. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Community development financial institution'', a person other than an individual that has a primary mission of promoting community development, that serves an investment area or targeted population, that provides development services and equity investments or loans through an affiliate or a community partnership, that maintains accountability to residents of its investment area or targeted population through representation on its governing board or otherwise and is not an agency or instrumentality of the United States, the commonwealth or any political subdivision of the commonwealth; provided, however, that a subsidiary of a community development financial institution shall only qualify as a community development financial institution if its parent company and the subsidiaries of the parent company on a consolidated basis also qualify as community development financial institutions. ''Food opportunity area'', a community or sections of a community of low and moderate income, where the growth of food enterprises would create jobs, attract investment or provide greater access to foods produced in the commonwealth for local residents of low and moderate income. ''Low-income area'', a census tract as reported in the most recently completed decennial census published by the United States Census Bureau that has a poverty rate of at least 20 per cent or in which the median family income does not exceed 80 per cent of the greater of the statewide or metropolitan median family income. ''Moderate income area'', a census tract in which the median family income is between 81 and 95 per cent of the median family income for the area. ''Underserved community'', a low-income and moderate income census tract determined to be an area with low supermarket access by the United States Department of Agriculture as identified in the United States Department of Agriculture's Food Access Research Atlas, through a methodology that has been identified as having low access to a supermarket or grocery store or through a methodology that has been adopted for use by the department of food and agriculture, the department of economic development or another governmental or philanthropic healthy food initiative. (b) A community development financial institution may develop and implement flexible financing programs, including loans, grants and technical assistance, and enter into external partnerships to raise matching funds, market the programs, evaluate applicants, make award decisions, underwrite loans and monitor compliance and impact. Activities eligible for assistance shall include, but not be limited to (i) the development, renovation and expansion of supermarkets; (ii) farmers' markets; (iii) community kitchens; (iv) food truck commissaries; (v) indoor and outdoor greenhouses; (vi) winter and year-round farmers' markets; (vii) retail, restaurant and supporting food distribution hub options serving such food opportunity areas as approved by the department; provided, however, that applicants for such projects shall demonstrate a meaningful commitment to sell fresh, local products; (viii) infrastructure for urban and rural-based community-supported agriculture businesses; and (ix) working capital for such projects which shall include, but not be limited to, equipment and furnishings, workforce training, security and certain predevelopment costs. (c) The community development financial institution shall work with existing state and federal agencies, including the small business capital access program, the United States Department of the Treasury, the United States Department of Health and Human Services and the United States Department of Agriculture, regarding financing. To secure grants from private sources, the community development financial institution shall consult with organizations with expertise with food access to analyze market opportunities in underserved communities, conduct outreach and marketing to food retailers and determine the site eligibility of applicants. (d) The community development financial institution shall work in conjunction with local community colleges and vocational education institutions to develop programs designed to train and educate food sellers respecting the designating and marketing of nutritious foods and to assist in the development of public education programs designed to make the buying public aware of the need for nutritious foods and the identity of nutritious foods. (e) A community development financial institution that serves an underserved community shall cooperate with the Massachusetts food policy council to promote and develop farmers' market programs within targeted communities where local growers shall be given the opportunity to market their produce and to educate residents as to the nutritional importance of their produce. (f) In order to be eligible for financial assistance, a project shall demonstrate to a community development financial institution through impact statements that it is able to provide a positive economic and social impact to its local community. (g) An impact statement shall be submitted to a community development financial institution upon application and not later than February 1 annually each successive year. An impact statement shall include: (i) the positive economic impact provided to the community through job training and employment practices; (ii) information on women and people of color; and (iii) information on veteran status of ownership and full-time employees. Failure of a recipient of financial assistance from a community development financial institution to show positive economic and social impact may be cause for the community development financial institution to discontinue financial assistance to the recipient. (h) To the maximum extent practicable, a recipient of financial assistance from a community development financial institution shall provide healthy and nutritious food to its customer base and shall promote community development by working with other state and local programs. (i) A community development financial institution that serves an underserved community shall forward the annual impact reports collected from supermarkets, farmers' markets or food stores to the Massachusetts food policy council and shall include the following information: (1) the recipients of financial assistance from community development financial institutions; (2) the total amount of funds obtained by each recipient; and (3) the number of employees in each supermarket, farmers' market and food store. (j) The executive office of economic development shall consult with the department of agricultural resources to develop and implement the Massachusetts Food Trust Program. To the maximum extent feasible, the community development financial institution and the executive office of economic development shall seek to align efforts with the recommendations of the most recent Massachusetts local food action plan as accepted by the Massachusetts food policy council or subsequent plans accepted by the council.

M.G.L. c. 23A, § 66 Rural policy advisory commission; members; powers and duties; meetings; funds; annual report

c. 23A, § 66. Rural policy advisory commission; members; powers and duties; meetings; funds; annual report Section 66. (a) For purposes of this section and section 66A, ''rural community'' shall mean a municipality with a population density of less than 500 persons per square mile or a population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial census. (b) There shall be a rural policy advisory commission within, but not subject to the supervision or control of, the executive office of economic development. The mission of the commission shall be to enhance the economic vitality of rural communities and advance the health and well-being of rural residents. (c) The commission shall consist of the following 15 members: the speaker of the house of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of whom shall be from the Cape Cod commission, 1 of whom shall be from the central Massachusetts regional planning district commission, 1 of whom shall be from the Franklin regional council of governments, 1 of whom shall be from the Martha's Vineyard commission, 1 of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from the Nantucket planning & economic development commission and 1 of whom shall be from the Pioneer Valley planning commission. Commission members shall be persons with demonstrated interest and experience in advancing the interests of rural residents. (d) Members of the commission shall serve a maximum of 3 consecutive 3–year terms. Vacancies in the membership of the commission shall be filled for the balance of the unexpired term. The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A. (e) The commission shall serve as a research body for issues critical to the welfare and vitality of rural communities and shall: (i) study, review and report on the status of rural communities and residents in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on rural communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate to ensure that rural communities receive a fair share of state investment; (v) promote collaboration among rural communities to improve efficiency in delivery of services; and (vi) develop and support new leadership in rural communities. The executive office shall, subject to appropriation, provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires. (f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between the city of Boston, Cape Cod and the Islands region, central Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A. (g) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law. (h) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the house of representatives and the senate who shall forward the same to the joint committee on economic development and emerging technologies.

M.G.L. c. 23A, § 66A Rural development program; promotion of economic opportunity in rural communities; competitive grants

c. 23A, § 66A. Rural development program; promotion of economic opportunity in rural communities; competitive grants Section 66A. (a) The executive office of economic development shall administer a rural development program to promote economic opportunity and prosperity in rural communities. The program shall provide financial assistance on a competitive basis to municipalities, other public entities, community development corporations, regional planning agencies or non-profit entities for infrastructure projects, downtown improvements and other projects that advance economic and community development, stable housing markets and priorities identified by the rural policy advisory commission established in section 66. (b) The secretary of economic development shall, through guidelines or regulations, establish an application process and criteria to prioritize the distribution of financial assistance, taking into account the diversity of rural communities. The guidelines or regulations shall allow for joint applications by 2 or more rural communities for a single project serving the municipalities. (c) The secretary of economic development shall report annually to the house and senate committees on ways and means and the joint committee on community development and small businesses on the activities and status of the program.

M.G.L. c. 23A, § 67 Financial services advisory council

c. 23A, § 67. Financial services advisory council Section 67. (a) The secretary of economic development shall establish a financial services advisory council in the executive office of housing and economic development, the purpose of which shall be to advise the governor or the governor's designee on policies, strategies and initiatives designed to preserve and advance the competitiveness and leadership of the commonwealth's financial services industry, including the banking, investment management and insurance sectors. (b) The council shall be comprised of: the secretary of economic development, who shall serve as chair; the senate and house chairs of the joint committee on economic development and emerging technologies; the senate and house chairs of the joint committee on financial services; the commissioner of higher education; the executive director of the Massachusetts international trade office; and 8 representatives of the business community who shall be appointed by the secretary of economic development, including not less than 2 business representatives from each of the following sectors: banking, investment management and insurance sectors; not less than 1 business representative from a company with its headquarters located in Suffolk, Middlesex, Essex, Norfolk or Worcester county or district; not less than 1 business representative from a company with its headquarters located in Hampshire, Hampden, Franklin or Berkshire county or district; and not less than 1 business representative from a company with its headquarters located in Bristol, Plymouth, Nantucket or Barnstable county or district or the county of Dukes County. The secretary, in making the appointments, shall consider the size of the business representative's company, including its employee base within the commonwealth and the amount of assets under management or premiums in force. Business representatives shall be appointed for 2–year terms and may be reappointed without limitation on the number of terms. (c) The council shall convene at least 3 meetings per calendar year to exchange ideas and develop strategies for business and government to work together to strengthen the financial services industry in areas such as public policy, workforce development, international trade and direct foreign investment and industry promotion.

M.G.L. c. 23A, § 68 Registry for operators under chapter 64G

c. 23A, § 68. Registry for operators under chapter 64G Section 68. (a) The executive office of economic development, in consultation with the executive office of technology services and security and the department of revenue, shall establish and maintain a registry for all operators under chapter 64G who file an application and are issued a certificate of registration in accordance with section 67 of chapter 62C. (b) The executive office of economic development shall promulgate regulations, in accordance with section 2 of chapter 30A, that are necessary to: (i) develop and implement a registry that is accessible and available to the public; and (ii) support the competitive operation of the traditional lodging industry, short-term rental industry and hosting platforms to operate competitively in the commonwealth. The regulations shall require that a public hearing be held and that a small business impact statement be filed. (c) The executive office of economic development shall, in developing regulations to implement the registry, consider: (i) existing practices of peer states; (ii) data security practices, protocols and standards; (iii) technological feasibility of existing digital systems, including the feasibility of developing and maintaining a searchable online directory; (iv) information required to be collected and maintained for operators in the registry, which shall, at a minimum, include a list of accommodations offered for rent by operators who are registered in accordance with section 67 of chapter 62C, provided, however, that the location information for any accommodation offered for rent shall be limited to the name of the street and the city or town where the accommodation is located; (v) any forms or records necessary to implement this section and meet such requirements under this chapter and chapter 64G; (vi) practices utilized to disclose or report information to cities and towns by request; (vii) impacts on the traditional lodging industry, short-term rental industry and hosting platforms; (viii) the fiscal impact to the commonwealth; and (ix) any relevant federal or state laws and regulations. The executive office of economic development shall establish procedures and protocols to protect the confidentiality and security of an operator's personal information and tax information and prohibit the disclosure of such personal information and tax information maintained pursuant to this section.

M.G.L. c. 23A, § 69 Micro business development center

c. 23A, § 69. Micro business development center Section 69. (a) The MOBD shall establish a micro business development center, in this section referred to as the center, which shall foster micro businesses in the commonwealth by providing resources, including information on available loans, grants and technical assistance. The center shall provide micro businesses with information and technical assistance related to aspects of micro business management, including but not limited to, (i) business plan development; (ii) technology development; (iii) lending assistance; (iv) market research support; and (v) procurement and contracting aid. For the purposes of this section, ''micro business'' shall mean a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; (iii) annual net profit of not more than $250,000; and (iv) annual revenue not to exceed a threshold amount established by the director of the MOBD, provided that such threshold amount shall be not less than $250,000. (b) The center shall advise the growth capital division of the Massachusetts Development Finance Agency in the design, administration and disbursement of loans and grants to entrepreneurs in the commonwealth for low and moderate-income entrepreneurs who are forming, running or expanding microbusinesses in the commonwealth. (c) The center may expend funds as may be appropriated therefor, accept federal funds, or private gifts and grants to assist in carrying out the purposes as set forth in this section.

M.G.L. c. 23A, § 70 Qualified data center sales and use tax exemption; applications; certification process; reports

c. 23A, § 70. Qualified data center sales and use tax exemption; applications; certification process; reports Section 70. (a) The terms defined in paragraph (zz) of section 6 of chapter 64H shall apply to this section unless the context clearly requires otherwise. (b) The secretary of the executive office of economic development, in consultation with the commissioner of revenue, shall determine qualifications for qualified data centers, to qualify for a sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H. (c) To apply for the sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H, the owner or operator of a data center shall submit to the secretary of economic development an application on a form prescribed by the commissioner of revenue that shall include: (i) the name, address and telephone number of the owner or operator; (ii) the address of the site where the qualified data center is or will be located, including, but not limited to, information sufficient to identify the facility composing the data center, and the expected commercial operations date of each data center building that will be located at the data center facility; (iii) the anticipated aggregate square feet of the qualified data center for which the sales and use tax exemption is being sought; provided, that in determining whether the facility has the required square footage, the total square footage of the data center facility shall include the space that houses the computer information technology equipment, networking, data processing or data storage, including, but not limited to, servers and routers and the following spaces that support the operation of enterprise information technology equipment including, but not limited to, office space, meeting space, loading dock space and mechanical and other support facilities; (iv) the anticipated investment associated with the qualified data center for which the sales and use tax exemption is being sought; (v) the anticipated number of jobs that the data center will create and maintain within 1 year, 5 years and 10 years of operations after certification; and (vi) an affirmation, signed by an authorized executive representing the owner or operator, that the data center is expected to satisfy the certification requirements in this section as a qualified data center. (d)(1) Within 60 days after receiving a completed application, the secretary of economic development shall review the application submitted by the owner or operator of a data center and certify the data center as a certified qualified data center if the data center meets all requirements of this section. (2) The secretary shall issue a written certification that the data center qualifies for the sales and use tax exemption or provide written reasons for its denial and an opportunity for the applicant to cure any deficiencies. (3) Failure to approve or deny the application within 60 days after the date the owner or operator submits the application to the secretary shall constitute approval of the qualified data center and the secretary shall issue written certification to the owner or operator within 14 days. (4) The certification shall provide the following information related to each data center: (i) the effective date of the certification; (ii) the total square footage of the qualified data center; (iii) the total amount of land costs, construction costs, refurbishment costs and eligible data center equipment; and (iv) the beginning and ending dates of the sales and use tax exemption for the first data center building, which shall begin on the effective date of the certification and be valid for qualification period, and for a qualified data center that is comprised of more than 1 data center building, the expected commercial operations dates and expected qualification periods for subsequent data center buildings expected to be located at the qualified data center. (5) The secretary shall send a copy of the certification to the commissioner of revenue. (e) The effective date of the certification shall be the date on which the application was submitted to the secretary or a prospective date stated in the application that does not exceed 5 years after the date on which the application was submitted; provided, that the certification shall be valid through the qualification period. (f) The secretary and commissioner shall review the certification after 10 years. (g)(1) For the purposes of this section, the term ''material noncompliance'' shall mean the failure of a qualified data center to substantially achieve the investment requirements and minimum number of jobs pursuant to paragraph (zz) of section 6 of chapter 64H. (2) The secretary may revoke the certification of a qualified data center after an investigation by the executive office of economic development, in consultation with the department of revenue, and a written determination that the qualified data center is in material noncompliance with this section, paragraph (zz) of section 6 of chapter 64H or the certification. (3) Revocation shall take effect on the first day of the tax year in which the executive office of economic development determines the qualified data center to be in material noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax benefits allowed by the original certification of tax benefits pursuant to paragraph (zz) of section 6 of chapter 64H. (h) Each qualified data center shall file a report with the secretary and commissioner prior to the end of the tenth year of the qualification period detailing whether it has met the specific investment requirements pursuant to paragraph (zz) of section 6 of chapter 64H. (i) The secretary, in consultation with the commissioner of revenue, shall promulgate regulations and shall issue instructions or forms necessary for the implementation of this section.

M.G.L. c. 23A, § 71 Small business ombudsperson; authority; responsibilities; reports

c. 23A, § 71. Small business ombudsperson; authority; responsibilities; reports [ Text of section added by 2025, 9, Sec. 11 effective July 1, 2025. See 2025, 9, Sec. 138.] Section 71. (a) There shall be a small business ombudsperson, focused on boosting economic growth in the commonwealth, within the executive office of economic development. The small business ombudsperson shall serve as a resource for small businesses within the commonwealth and provide support and advocacy for small businesses experiencing hardship while navigating complex federal policies that may hinder growth. The small business ombudsperson shall be vested with the authority and responsibility to: (i) provide timely information, guidance and assistance to small businesses, including, but not limited to, information related to regulatory frameworks, statutory obligations, any tariff policies or other changes with the potential to impact competitiveness of small businesses in the commonwealth; (ii) facilitate access to relevant programs, services and initiatives to bolster the economic growth and sustainability of small businesses; and (iii) support small businesses navigating the application and procurement processes. (b) The ombudsperson shall engage in robust coordination and collaboration with MOBD established in section 1, the operational services division established in section 4L of chapter 7, the executive office of economic development's Business Front Door program, the office of consumer affairs and business regulation established in section 1 of chapter 24A, the supplier diversity office established in section 58A of chapter 7 and any other relevant state agencies or other entities to enhance support for small businesses and for the purpose of elevating the array of services and initiatives designed to foster the growth, resilience and success of small businesses in the commonwealth. (c)(1) The responsibilities of the ombudsperson shall include, but shall not be limited to: (i) offering informed support and resources to navigate state and local licensing, permitting and regulatory compliance requirements; (ii) navigating the public procurement process; (iii) facilitating access to financial assistance programs, including, but not limited to, grants, loans and tax incentives available to small businesses; (iv) providing timely and accurate advice regarding developments in state and federal policy changes that impact small business operations, including, but not limited to, changes to federal tariff policies; (v) facilitating connections between small business owners and technical assistance providers, mentorship programs and business development resources to nurture informed innovation; (vi) supporting efforts to identify and promote workforce development opportunities, training programs and hiring incentives to foster growth within the commonwealth; and (vii) ensuring that small business owners are equipped with the knowledge and tools necessary to understand and comply with labor, health and safety regulations applicable to developing lawful and sustainable small businesses. (2) The ombudeperson shall develop, disseminate and make available or direct small business owners seeking assistance to an array of educational presentations, written materials and other resources pertinent to small businesses and diverse suppliers. The presentations and materials shall include, but shall not be limited to, clear explanations of: (i) commonly used business terms and acronyms; (ii) documentation and application requirements necessary to establish and register a business in the commonwealth; (iii) applicable fees and payment obligations related to business formation and licensing; (iv) detailed step-by-step instructional guidance on how to complete required administrative and procurement processes, including, but not limited to, responding to a request for proposal, bidding on state contracts and registering with the commonwealth's procurement systems; (v) guidance on compliance with state and federal regulatory requirements; (vi) instructions on accessing financial assistance programs, including grants, loans and tax incentives available to small businesses; (vii) comprehensive information on workforce development programs, employee training resources and other opportunities designed to foster economic mobility; (viii) guidance on navigating the certification processes for small and diverse businesses; (ix) best practices for business planning, financial recordkeeping and preparing for audits or regulatory reviews; and (x) any other information the ombudsperson determines is necessary and proper to assist in navigating changes to federal tariff policies and equip small businesses with the tools to adapt to evolving federal policies. (d) Annually, not later than January 1, the ombudsperson shall file a report on activities related to small businesses with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on financial services. For the purposes of the report, the words "small business'' shall be as defined pursuant to: (i) applicable federal law; (ii) the supplier diversity office's small business purchasing program; (iii) the supplier diversity office small business certification; or (iv) any other definition in the General Laws as determined by the ombudsperson. The report shall include, but shall not be limited to: (i) the number of requests received by the ombudsperson from small business owners; (ii) the types of requests received by the ombudsperson from small business owners; (iii) the types of actions made for requests received; (iv) the number and type of requests related to changes to federal tariff policies; and (v) recommendations to improve the effectiveness of the position of small business ombudsperson.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23AFetched: 10/20/2026